H84 CONGRESSIONAL RECORD — HOUSE January 6, 2005 the relief of victims in areas affected by the the Vice President and the Secretary of President and of the December 26, 2004, Indian Ocean tsunami for the Senate, the Members and officers State of Wyoming received 6 votes for which a charitable contribution deduction is of the House rising to receive them. Vice President. allowable under section 170 of the Internal The Vice President took his seat as Revenue Code of 1986. Senator LOTT. Mr. President, the the Presiding Officer of the joint con- The bill was ordered to be engrossed certificate of the electoral vote of the vention of the two Houses, the and read a third time, was read the State of seems to be regular of the House occupying the chair on his third time, and passed, and a motion to in form and authentic, and it appears left. reconsider was laid on the table. therefrom that JOHN F. KERRY of the The joint session was called to order Commonwealth of re- f by the Vice President. ceived 55 votes for President and John RECESS The VICE PRESIDENT. Mr. Speaker Edwards of the State of North Carolina and Members of Congress, pursuant to The SPEAKER pro tempore. Pursu- received 55 votes for Vice President. the Constitution and laws of the Mr. NEY. Mr. President, the certifi- ant to clause 12(a) of rule I, the Chair United States, the Senate and House of declares the House in recess until ap- cate of the electoral vote of the State Representatives are meeting in joint of Colorado seems to be regular in form proximately 12:55 p.m. session to verify the certificates and Accordingly (at 11 o’clock and 21 and authentic, and it appears there- count the votes of the electors of the from that George W. Bush of the State minutes a.m.), the House stood in re- several States for President and Vice cess until approximately 12:55 p.m. of received 9 votes for President President of the United States. and DICK CHENEY of the State of Wyo- f After ascertainment has been had ming received 9 votes for Vice Presi- b 1258 that the certificates are authentic and dent. correct in form, the tellers will count AFTER RECESS Mr. LARSON of Connecticut. Mr. and make a list of the votes cast by the President, the certificate of the elec- The recess having expired, the House electors of the several States. toral vote of the great State of Con- was called to order by the Speaker at The tellers on the part of the two necticut seems to be regular in form 12 o’clock and 58 minutes p.m. Houses will please take their places at and authentic, and it appears there- the Clerk’s desk. f from that JOHN F. KERRY of the Com- The tellers, Mr. LOTT and Mr. JOHN- MESSAGE FROM THE PRESIDENT monwealth of Massachusetts received 7 SON on the part of the Senate, and Mr. votes for President and A message in writing from the Presi- NEY and Mr. LARSON of Connecticut on dent of the United States was commu- of the State of North Carolina received the part of the House, took their places 7 votes for Vice President. nicated to the House by Mr. Sherman at the desk. Senator JOHNSON. Mr. President, Williams, one of his secretaries. The VICE PRESIDENT. Without ob- the certificate of the electoral vote of f jection, the tellers will dispense with the State of Delaware seems to be reg- reading formal portions of the certifi- SWEARING IN OF MEMBER-ELECT ular in form and authentic, and it ap- cates. The SPEAKER. Will the gentleman There was no objection. pears therefrom that JOHN F. KERRY of from (Mr. SHADEGG) please The VICE PRESIDENT. After the Commonwealth of Massachusetts take his place in the well of the House ascertaining that certificates are reg- received 3 votes for President and John and take the oath of office at this time. ular in form and authentic, the tellers Edwards of the State of North Carolina Mr. SHADEGG appeared at the bar of will announce the votes cast by the received 3 votes for Vice President. the House and took the oath of office, electors for each State, beginning with Senator LOTT. Mr. President, the as follows: Alabama. certificate of the electoral vote of the Do you solemnly swear that you will Senator LOTT (one of the tellers). District of Columbia seems to be reg- support and defend the Constitution of Mr. President, the certificate of the ular in form and authentic, and it ap- the United States against all enemies, electoral vote of the State of Alabama pears therefrom that JOHN F. KERRY of foreign and domestic; that you will seems to be regular in form and au- the Commonwealth of Massachusetts bear true faith and allegiance to the thentic, and it appears therefrom that received 3 votes for President and John same; that you take this obligation George W. Bush of the State of Texas Edwards of the State of North Carolina freely, without any mental reservation received 9 votes for President and DICK received 3 votes for Vice President. or purpose of evasion; and that you will CHENEY of the State of Wyoming re- Mr. NEY. Mr. President, the certifi- well and faithfully discharge the duties ceived 9 votes for Vice President. cate of the electoral vote of the State of the office upon which you are about Mr. NEY (one of the tellers). Mr. of seems to be regular in form to enter, so help you God. President, the certificate of the elec- and authentic, and it appears there- f toral vote of the State of Alaska seems from that George W. Bush of the State to be regular in form and authentic, of Texas received 27 votes for President ANNOUNCEMENT BY THE SPEAKER and it appears therefrom that George and DICK CHENEY of the State of Wyo- The SPEAKER. Under clause 5(d) of W. Bush of the State of Texas received ming received 27 votes for Vice Presi- rule XX, the Chair announces to the 3 votes for President and DICK CHENEY dent. House that, in light of the swearing in of the State of Wyoming received 3 Senator JOHNSON. Mr. President, of the gentleman from Arizona, the votes for Vice President. the certificate of the electoral vote of whole number of the House is adjusted Senator JOHNSON (one of the tell- the State of Georgia seems to be reg- to 429. ers). Mr. President, the certificate of ular in form and authentic, and it ap- f the electoral vote of the State of Ari- pears therefrom that George W. Bush zona seems to be regular in form and of the State of Texas received 15 votes COUNTING ELECTORAL VOTES— authentic, and it appears therefrom for President and DICK CHENEY of the JOINT SESSION OF THE HOUSE that George W. Bush of the State of State of Wyoming received 15 votes for AND SENATE HELD PURSUANT Texas received 10 votes for President Vice President. TO THE PROVISIONS OF SENATE and DICK CHENEY of the State of Wyo- Mr. LARSON of Connecticut. Mr. CONCURRENT RESOLUTION 1 ming received 10 votes for Vice Presi- President, the certificate of the elec- (HOUSE OF REPRESENTATIVES— dent. toral vote of the State of Hawaii seems JANUARY 6, 2005) Mr. LARSON of Connecticut (one of to be regular in form and authentic, At 1:02 p.m., the Sergeant at Arms, the tellers). Mr. President, the certifi- and it appears therefrom that JOHN F. Wilson Livingood, announced the Vice cate of the electoral vote of the State KERRY of the Commonwealth of Massa- President and the Senate of the United of Arkansas seems to be regular in chusetts received 4 votes for President States. form and authentic, and it appears and John Edwards of the State of The Senate entered the Hall of the therefrom that George W. Bush of the North Carolina received 4 votes for House of Representatives, headed by State of Texas received 6 votes for Vice President.

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD — HOUSE H85 Senator LOTT. Mr. President, the Commonwealth of Massachusetts re- therefrom that George W. Bush of the certificate of the electoral vote of the ceived 10 votes for President and John State of Texas received 5 votes for State of Idaho seems to be regular in Edwards of the State of North Carolina President, and DICK CHENEY of the form and authentic, and it appears received 10 votes for Vice President. State of Wyoming received 5 votes for Vice President. therefrom that George W. Bush of the b 1315 State of Texas received 4 votes for Mr. NEY. Mr. President, the certifi- President and DICK CHENEY of the Mr. NEY. Mr. President, the certifi- cate of the electoral vote of the State State of Wyoming received 4 votes for cate of the electoral vote of the Com- of New Hampshire seems to be regular Vice President. monwealth of Massachusetts seems to in form and authentic, and it appears Mr. NEY. Mr. President, the certifi- be regular in form and authentic, and therefrom that JOHN F. KERRY of the cate of the electoral vote of the State it appears therefrom that JOHN F. Commonwealth of Massachusetts re- of Illinois seems to be regular in form KERRY of the Commonwealth of Massa- ceived 4 votes for President, and John and authentic, and it appears there- chusetts received 12 votes for Presi- Edwards of the State of North Carolina from that JOHN F. KERRY of the Com- dent, and John Edwards of the State of received 4 votes for Vice President. monwealth of Massachusetts received North Carolina received 12 votes for Senator JOHNSON. Mr. President, 21 votes for President and John Ed- Vice President. the certificate of the electoral vote of wards of the State of North Carolina Senator JOHNSON. Mr. President, the State of New Jersey seems to be received 21 votes for Vice President. the certificate of the electoral vote of regular in form and authentic, and it Senator JOHNSON. Mr. President, the State of Michigan seems to be reg- appears therefrom that JOHN F. KERRY the certificate of the electoral vote of ular in form and authentic, and it ap- of the Commonwealth of Massachusetts the State of Indiana seems to be reg- pears therefrom that JOHN F. KERRY of received 15 votes for President, and ular in form and authentic, and it ap- the Commonwealth of Massachusetts John Edwards of the State of North pears therefrom that George W. Bush received 17 votes for President, and Carolina received 15 votes for Vice of the State of Texas received 11 votes John Edwards of the State of North President. Mr. LARSON of Connecticut. Mr. for President and DICK CHENEY of the Carolina received 17 votes for Vice State of Wyoming received 11 votes for President. President, the certificate of the elec- Vice President. Mr. LARSON of Connecticut. Mr. toral vote of the State of New Mexico Mr. LARSON of Connecticut. Mr. President, the certificate of the elec- seems to be regular in form and au- President, the certificate of the elec- toral vote of the State of Minnesota thentic, and it appears therefrom that toral vote of the State of Iowa seems to seems to be regular in form and au- George W. Bush of the State of Texas be regular in form and authentic, and thentic, and it appears therefrom that received 5 votes for President, and DICK it appears therefrom that George W. JOHN F. KERRY of the Commonwealth CHENEY of the State of Wyoming re- Bush of the State of Texas received 7 of Massachusetts received 9 votes for ceived 5 votes for Vice President. Senator LOTT. Mr. President, the votes for President and DICK CHENEY of President, that John Edwards of the certificate of the electoral vote of the the State of Wyoming received 7 votes State of North Carolina received 1 vote State of New York seems to be regular for Vice President. for President, and John Edwards of the in form and authentic, and it appears Senator LOTT. Mr. President, the State of North Carolina received 10 therefrom that JOHN F. KERRY of the certificate of the electoral vote of the votes for Vice President. Commonwealth of Massachusetts re- State of Kansas seems to be regular in Senator LOTT. Mr. President, the ceived 31 votes for President, and John form and authentic, and it appears certificate of the electoral vote of the Edwards of the State of North Carolina therefrom that George W. Bush of the State of Mississippi seems to be regular in form and authentic, and it appears received 31 votes for Vice President. State of Texas received 6 votes for Mr. NEY. Mr. President, the certifi- therefrom that George W. Bush of the President and DICK CHENEY of the cate of the electoral vote of the State State of Texas received 6 votes for State of Wyoming received 6 votes for of North Carolina seems to be regular President, and DICK CHENEY of the Vice President. in form and authentic, and it appears State of Wyoming received 6 votes for Mr. NEY. Mr. President, the certifi- therefrom that George W. Bush of the Vice President. cate of the electoral vote of the Com- State of Texas received 15 votes for Mr. NEY. Mr. President, the certifi- monwealth of Kentucky seems to be President, and DICK CHENEY of the cate of the electoral vote of the State regular in form and authentic, and it State of Wyoming received 15 votes for of Missouri seems to be regular in form appears therefrom that George W. Bush Vice President. of the State of Texas received 8 votes and authentic, and it appears there- Senator JOHNSON. Mr. President, for President and DICK CHENEY of the from that George W. Bush of the State the certificate of the electoral vote of State of Wyoming received 8 votes for of Texas received 11 votes for Presi- the State of North Dakota seems to be Vice President. dent, and DICK CHENEY of the State of regular in form and authentic, and it Senator JOHNSON. Mr. President, Wyoming received 11 votes for Vice appears therefrom that George W. Bush the certificate of the electoral vote of President. of the State of Texas received 3 votes the State of Louisiana seems to be reg- Senator JOHNSON. Mr. President, for President, and DICK CHENEY of the ular in form and authentic, and it ap- the certificate of the electoral vote of State of Wyoming received 3 votes for pears therefrom that George W. Bush the State of Montana seems to be reg- Vice President of the State of Texas received 9 votes ular in form and authentic, and it ap- Mr. NEY. Mr. President, the certifi- for President and DICK CHENEY of the pears therefrom that George W. Bush cate of the electoral vote of the well- State of Wyoming received 9 votes for of the State of Texas received 3 votes known and great State of seems Vice President. for President, and DICK CHENEY of the to be regular in form and authentic, Mr. LARSON of Connecticut. Mr. State of Wyoming received 3 votes for and it appears therefrom that George President, the certificate of the elec- Vice President. W. Bush of the State of Texas received toral vote of the State of Maine seems Mr. LARSON of Connecticut. Mr. 20 votes for President and DICK CHENEY to be regular in form and authentic, President, the certificate of the elec- from the from the State of Wyoming and it appears therefrom that JOHN F. toral vote of the State of Nebraska received 20 votes for Vice President. KERRY of the Commonwealth of Massa- seems to be regular in form and au- The VICE PRESIDENT. For what chusetts received 4 votes for President thentic, and it appears therefrom that purpose does the gentlewoman from and John Edwards of the State of George W. Bush of the State of Texas Ohio rise? North Carolina received 4 votes for received 5 votes for President, and DICK Mrs. JONES of Ohio. Mr. Vice Presi- Vice President. CHENEY of the State of Wyoming re- dent, I seek to object to the electoral Senator LOTT. Mr. President, the ceived 5 votes for Vice President. votes of the State of Ohio on the certificate of the electoral vote of the Senator LOTT. Mr. President, the ground that they were not, under all of State of Maryland seems to be regular certificate of the electoral vote of the the known circumstances, regularly in form and authentic, and it appears State of Nevada seems to be regular in given and have a signed objection, and therefrom that JOHN F. KERRY of the form and authentic, and it appears I do have a Senator.

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H86 CONGRESSIONAL RECORD — HOUSE January 6, 2005 The VICE PRESIDENT. Has the Sen- the known circumstances, regularly perative that we object to the counting ator signed the objection? given. of Ohio’s electoral votes. Mrs. JONES of Ohio. Mr. Vice Presi- I, thank God, have a Senator joining What happened in Ohio in Cuyahoga dent, the Senator has signed the objec- me in this objection, and I appreciate County. There are just over 1 million tion. Senator BOXER’s willingness to listen registered voters in Cuyahoga County The VICE PRESIDENT. An objection to the plight of hundreds, and even which, of course, includes my congres- presented in writing and signed by both thousands of Ohio voters, that for a va- sional district. Registration increased a Representative and a Senator com- riety of reasons were denied the right approximately 10 percent. The beauty plies with the law, chapter 1 of title 3, to vote. of the 2004 election was that more peo- United States Code. b 1330 ple were fully prepared to exercise The Clerk will report the objection. their right to vote; however, on elec- The Clerk read the objection as fol- Unfortunately, objecting to the elec- tion day, hundreds and even thousands lows: toral votes from Ohio is the only im- of individuals went to the voting polls We, a Member of the House of Representa- mediate avenue to bring these issues to and were denied the opportunity. In my tives and a United States Senator, object to light. While some have called our cause own county where citizen volunteers the counting of the electoral votes of the foolish, I can assure you that my par- put forth a Herculean effort to register, State of Ohio on the ground that they were ents, Mary and Andrew Tubbs, did not educate, mobilize and protect, there not, under all of the known circumstances, raise any fools. They raised a lawyer, regularly given. were long lines, 4- to 5-hour waits. they raised a former judge, they raised Election Protection Coalition testi- , a prosecutor; and thank God they live Representative, State fied that more than half of the com- of Ohio. to see me serve as a Member of the plaints about long lines they received , House of Representatives. came from Columbus and Cleveland Senator, State of Cali- I am duty bound to follow the law where a huge proportion of the State’s fornia. and apply the law to the facts as I find Democratic voters live. One entire The VICE PRESIDENT. Are there them, and it is on behalf of those mil- polling place in Cuyahoga County had further objections to the certificate lions of Americans who believe in and to shut down at 9:25 a.m. on election from the State of Ohio? value our democratic process and the day because there were no working ma- The Chair hears none. right to vote that I put forth this ob- chines. On provisional balloting, Cuya- The VICE PRESIDENT. The two jection today. If they are willing to hoga County had over-all provisional Houses will withdraw from joint ses- stand at polls for countless hours in ballot rejection of 32 percent. Rejection sion. Each House will deliberate sepa- the rain, as many did in Ohio, then I rates for provisional ballots in African rately on the pending objection and re- should surely stand up for them here in American precincts and wards in Cleve- port its decision back to the joint ses- the halls of Congress. land averaged 37 percent and in some sion. This objection does not have at its as high as 51 percent. The Senate will now retire to its root the hope or even the hint of over- Significant flaws in registration Chamber. turning the victory of the President; process and procedures. Initial research The Senate retired to its Chamber. but it is a necessary, timely, and ap- identified at least 600 individuals The SPEAKER. Pursuant to Senate propriate opportunity to review and purged from the Cuyahoga County vot- Concurrent Resolution 1 and section 17 remedy the most precious process in ing rolls without a due process. Cuya- of title 3, the United States Code, when our democracy. I raise this objection hoga County analysis of 10,900 voter ap- two Houses withdraw from the joint neither to put the Nation in the tur- plications showed that almost 3,000 session to count the electoral vote for moil of a proposed overturned election were never entered; address updates re- separate consideration of objection, a nor to provide cannon fodder or par- ceived but never updated; mistakes in Representative may speak to the objec- tisan demagoguery for my fellow Mem- entering addresses. tion for 5 minutes and not more than bers of Congress. I raise this objection I thank the Speaker for the oppor- once. Debate shall not exceed 2 hours, because I am convinced that we as a tunity to be heard, and I raise the ob- after which the Chair will put the ques- body must conduct a formal and legiti- jection on behalf of the electors of the tion, ‘‘Shall the objection be agreed mate debate about election irregular- State of Ohio. to?’’ ities. I raise this objection to debate Ms. PRYCE of Ohio. Mr. Speaker, I The Clerk will report the objection the process and protect the integrity of rise to address the House for 5 minutes. made in the joint session. the true will of the people. The SPEAKER. The Chair recognizes The Clerk read the objection as fol- Again, I thank Senator BOXER. the gentlewoman from Ohio. lows: There are serious allegations in two Ms. PRYCE of Ohio. Mr. Speaker, on We, a Member of the House of Representa- lawsuits pending in Ohio that debate one recent, crisp autumn morning in tives and a United States Senator, object to the constitutionality of the denial of , one tired-looking Presidential the counting of the electoral votes of the provisional ballots to voters: One, the hopeful took the stage in front of a State of Ohio on the ground that they were Sandusky County Democratic Party v. large crowd of loyal, yet disappointed, not, under all of the known circumstances, J. Kenneth Blackwell and Ohio’s vote faces to say the following words: ‘‘It is regularly given. recount, Yost v. David Cobb, et al. STEPHANIE TUBBS JONES, now clear that even when all the provi- Representative, State These legitimate questions brought sional ballots are counted, which they of Ohio. forward by the lawsuits, which go to will be, and which they were, there BARBARA BOXER, the core of our voting and democratic won’t be enough outstanding votes for Senator, State of Cali- process, should be resolved before us to be able to win Ohio. And, there- fornia. Ohio’s electoral votes are certified. fore, we cannot win this election.’’ And The SPEAKER. The Chair will en- Moreover, as you are aware, advanc- so conceded the Presi- deavor to alternate recognition be- ing legislative initiatives is more chal- dency to George W. Bush with grace tween Members speaking in support of lenging when you are in the minority and dignity. the objection and Members speaking in party in the Congress. However, this Apparently such admirable qualities opposition to the objection. challenge is multiplied when you are in do not apply to certain extreme ele- The Chair recognizes the gentle- the minority in the House of Rep- ments of Senator KERRY’s own party. woman from Ohio (Mrs. JONES) for 5 resentatives because of the House rules For if they did, surely this House minutes. compared to the Senate rules. would not be here today Mrs. JONES of Ohio. Mr. Speaker, I, Voting irregularities were an issue bogged down in this frivolous debate. STEPHANIE TUBBS JONES, and BARBARA after the 2000 Presidential election Mr. Speaker, on the other side of the BOXER, a Senator from California, have when the House initiatives relating to aisle, a handful of Members will step objected to the counting of the elec- election reform were not considered. forward and claim that they are here toral votes of the State of Ohio on the Therefore, in order to prevent our to contest an election of this Nation. ground that they were not, under all of voices from being kept silent, it is im- They will claim that there was fraud

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD — HOUSE H87 and that the result was invalid. Ameri- I think this is, in all the years I have various recommendations for acting on this cans, do not be deceived. Their inten- been in politics, one of the most base, Report going forward. tions in this whole process are merely outrageous acts to take place. The We have found numerous, serious election irregularities in the Ohio presidential elec- to sow doubts and undermine public Democratic State chairman in our tion, which resulted in a significant dis- confidence in the electoral system State has not challenged, to my knowl- enfranchisement of voters. Cumulatively, itself. Their challenges to the legit- edge, the count or the outcome in any these irregularities, which affected hundreds imacy of this election are no more than county. His name is Denny White. The of thousands of votes and voters in Ohio, another exercise in their party’s pri- Democratic chairman of no county raise grave doubts regarding whether it can mary strategy, to obstruct, to divide, that I know of has challenged either be said the Ohio electors selected on Decem- and to destroy. In other words, their the count or the outcome in any coun- ber 13, 2004, were chosen in a manner that objection is a front for their lack of ty. The Democratic board of election conforms to Ohio law, let alone federal re- quirements and constitutional standards. ideas. With absolutely no credible members have not challenged the This report, therefore, makes three rec- agenda for America, these Democrats count or the outcome in any county. ommendations: (1) consistent with the re- have opted to try and change the past This should be voted down. quirements of the United States Constitu- rather than work for a better future Mr. Speaker, I rise today with a heavy heart tion concerning the counting of electoral Mr. Speaker, we just welcomed a new on this issue. In all of the years that I have votes by Congress and Federal law imple- year and began a new Congress. Repub- been in public service, I think this is one of the menting these requirements, there are ample licans are ready and eager to ask the most base, outrageous acts to take place. grounds for challenging the electors from the questions and prompt the debate that Ohio’s State Democratic Chairman, whose State of Ohio; (2) Congress should engage in further hearings into the widespread irreg- will produce results for America. We name is Denny White, has not, to the best of ularities reported in Ohio; we believe the want to talk about ways to reduce my knowledge, challenged the count or out- problems are serious enough to warrant the health care costs for families and de- come of this election. appointment of a joint select Committee of bate ways to create more jobs for No Ohio Democratic County Chairman has the House and Senate to investigate and re- Americans. We are ready to discuss challenged the count or outcome of this elec- port back to the Members; and (3) Congress how to strengthen our schools to better tion in any county. needs to enact election reform to restore our educate our children. No Ohio Democratic Board of Election people’s trust in our democracy. These But apparently some Democrats only member has challenged the count or outcome changes should include putting in place more specific federal protections for federal elec- want to gripe about counts, recounts, of this election in any county. tions, particularly in the areas of audit capa- and recounts of recounts. So eager are The people of the State of Ohio are not bility for electronic voting machines and they to abandon their job as public challenging the results of the election. The casting and counting of provisional ballots, servants, they have cast themselves in challenges we are hearing today are politically as well as other needed changes to federal the role of Michael Moore, concocting motivated by partisan politicians. They are and state election laws. wild conspiracy theories to distract the casting aspersions on the bipartisan electing With regards to our factual finding, in American public. Such aspiring fantasy officials within the State of Ohio. This is unfair brief, we find that there were massive and authors should note the facts before and wrong to do to those hardworking, dedi- unprecedented voter irregularities and anomalies in Ohio. In many cases these they let the ink dry on this tall tale. cated officials. irregularities were caused by intentional For example, the request for an Ohio All of the major newspapers in Ohio have misconduct and illegal behavior, much of it recount has already been fulfilled, and editorialized against this despicable action involving Secretary of State J. Kenneth it verified what we already knew, what taken by the minority. Blackwell, the co-chair of the Bush-Cheney Senator JOHN KERRY knew the first Mr. Speaker, the American people want us campaign in Ohio. day, that President Bush won Ohio by to work together in a bipartisan fashion. My First, in the run up to election day, the nearly 120,000 votes, an overwhelming constituents ask me why we don’t work to- following actions by Mr. Blackwell, the Re- gether more often. What we are seeing here publican Party and election officials and comfortable margin. Indeed, disenfranchised hundreds of thousands of George W. Bush is the first Presi- today, two days after being sworn in, is why Ohio citizens, predominantly minority and dential candidate to win the majority we don’t see more comity in the House. this Democratic voters: of the popular vote since 1988. And, Mr. action is setting the wrong tone for the begin- The misallocation of voting machines led Speaker, every single major editorial ning of the 109th Congress. to unprecedented long lines that board of every newspaper in Ohio has This debate today is not going to change disenfranchised scores, if not hundreds of called this effort a sham. the result of the election, but it will poison the thousands, of predominantly minority and Eighty-eight separate bipartisan atmosphere of the House of Representatives. Democratic voters. This was illustrated by the fact that the Washington Post reported election boards from every county in Mr. Speaker, this challenge should be over- that in Franklin County, ‘‘27 of the 30 wards Ohio, even Cuyahoga, have verified and whelmingly defeated. with the most machines per registered voter vouched for the integrity of the re- Mr. CONYERS. Mr. Speaker, I rise to showed majorities for Bush. At the other end sults. Are we to believe that the hun- address the House. of the spectrum, six of the seven wards with dreds of Democrats who sit on these The SPEAKER. The gentleman from the fewest machines delivered large margins boards were actively working against Michigan is recognized for 5 minutes. for Kerry.’’ Among other things, the con- their own party and their own Presi- Mr. CONYERS. Mr. Speaker, I in- scious failure to provide sufficient voting dential candidate? No local, county, or clude for printing in the CONGRES- machinery violates the Ohio Revised Code which requires the Boards of Elections to SIONAL RECORD the staff report of the State election officials in Ohio are con- ‘‘provide adequate facilities at each polling testing this election. Not one. The House Committee Demo- place for conducting the election.’’ overwhelming majority of Ohioans are cratic staff entitled, ‘‘Preserving De- Mr. Blackwell’s decision to restrict provi- not contesting this election, so why mocracy: What Went Wrong in Ohio.’’ sional ballots resulted in the disenfranchise- should politicians in Washington? PRESERVING DEMOCRACY: WHAT WENT WRONG ment of tens, if not hundreds, of thousands of Mr. Speaker, it is a shame that these IN OHIO voters, again predominantly minority and Democrats have resorted to such base- EXECUTIVE SUMMARY Democratic voters. Mr. Blackwell’s decision less and meritless tactics to begin the departed from past Ohio law on provisional Representative John Conyers, Jr., the ballots, and there is no evidence that a 109th Congress. And it is a shame that Ranking Democrat on the House Judiciary broader construction would have led to any they have placed their partisan war, Committee, asked the Democratic staff to significant disruption at the polling places, disclaimed by their own candidate conduct an investigation into irregularities and did not do so in other states. above what is best for the country and reported in the Ohio presidential election Mr. Blackwell’s widely reviled decision to to use the great State of Ohio as their and to prepare a Status Report concerning reject voter registration applications based vehicle. the same prior to the Joint Meeting of Con- on paper weight may have resulted in thou- Mr. Speaker, I yield the balance of gress scheduled for January 6, 2005, to re- sands of new voters not being registered in ceive and consider the votes of the electoral time for the 2004 election. my time to my friend and colleague college for president. The following Report The Ohio Republican Party’s decision to from the great State of Ohio (Mr. HOB- includes a brief chronology of the events; engage in preelection ‘‘caging’’ tactics, se- SON). summarizes the relevant background law; lectively targeting 35,000 predominantly mi- Mr. HOBSON. Mr. Speaker, I rise provides detailed findings (including factual nority voters for intimidation had a negative with a heavy heart today on this issue. findings and legal analysis); and describes impact on . The Third Circuit

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H88 CONGRESSIONAL RECORD — HOUSE January 6, 2005 found these activities to be illegal and in di- thousands of voters and call the entire re- forward with a wide ranging analysis of sys- rect violation of consent decrees barring the count procedure into question (as of this temic problems in the 2004 elections. GAO of- Republican Party from targeting minority date the recount is still not complete): ficials also advised Judiciary staff that they voters for poll challenges. Mr. Blackwell’s failure to articulate clear would be unable to examine each and every The Ohio Republican Party’s decision to and consistent standards for the counting of specific election complaint, but would look utilize thousands of partisan challengers provisional ballots resulted in the loss of at some such complaints as exemplars of concentrated in minority and Democratic thousands of predominantly minority votes. broader deficiencies. areas likely disenfranchised tens of thou- In Cuyahoga County alone, the lack of guid- At the same time, the offices of Demo- sands of legal voters, who were not only in- ance and the ultimate narrow and arbitrary cratic Staff and of Democratic Judiciary timidated, but became discouraged the long review standards significantly contributed to Committee Members were deluged with e- lines. Shockingly, these disruptions were the fact that 8,099 out of 24,472 provisional mails and complaints about the election. publicly predicted and acknowledged by Re- ballots were ruled invalid, the highest pro- While such complaints are still being proc- publican officials: Mark Weaver, a lawyer for portion in the state. essed, close to 100,000 such complaints were the Ohio Republican Party, admitted the Mr. Blackwell’s failure to issue specific received. As of this writing, the Judiciary challenges ‘‘can’t help but create chaos, standards for the recount contributed to a Democratic office alone is receiving approxi- longer lines and frustration.’’ lack of uniformity in violation of both the mately 4,000 such e-mails a day. More than Mr. Blackwell’s decision to prevent voters Due Process Clause and the Equal Protection half of these complaints were from one state: who requested absentee ballots but did not Clauses. We found innumerable irregularities Ohio. The Election Protection Coalition has receive them on a timely basis from being in the recount in violation of Ohio law, in- testified that it received more complaints on able to receive provisional ballots likely cluding (i) counties which did not randomly election day concerning irregularities in disenfranchised thousands, if not tens of select the precinct samples; (ii) counties Ohio than any other state. thousands, of voters, particularly seniors. A which did not conduct a full hand court after On December 2, 2004, Members of the Judi- federal court found Mr. Blackwell’s order to the 3% hand and machine counts did not ciary Committee wrote to Ohio Secretary of be illegal and in violation of HAVA. match; (iii) counties which allowed for irreg- State Kenneth Blackwell that these com- plaints appear collectively to constitute a Second, on election day, there were numer- ular marking of ballots and failed to secure troubled portrait of a one-two punch that ous unexplained anomalies and irregularities and store ballots and machinery; and (iv) may well have altered and suppressed votes, involving hundreds of thousands of votes counties which prevented witnesses for can- particularly minority and Democratic votes. that have yet to be accounted for: didates from observing the various aspects of The Members posed 36 questions to Secretary There were widespread instances of intimi- the recount. Blackwell about a combination of official ac- dation and misinformation in violation of The voting computer company Triad has tions and corresponding actions by non-offi- the Voting Rights Act, the Civil Rights Act essentially admitted that it engaged in a cial persons, whether in concert or not, of 1968, Equal Protection, Due Process and course of behavior during the recount in nu- worked hand-in-glove to depress the vote the Ohio right to vote. Mr. Blackwell’s ap- merous counties to provide ‘‘cheat sheets’’ to among constituencies deemed by Republican parent failure to institute a single investiga- those counting the ballots. The cheat sheets tion into these many serious allegations rep- campaign officials to be disadvantageous. informed election officials how many votes Through his spokesman, Secretary resents a violation of his statutory duty they should find for each candidate, and how under Ohio law to investigate election irreg- Blackwell assured the public and the press many over and under votes they should cal- that he would be happy ‘‘to fill in the ularities. culate to match the machine count. In that We learned of improper purging and other blanks’’ for the Committee and asserted that way, they could avoid doing a full county- many questions were easily answered. In registration errors by election officials that wide hand recount mandated by state law. likely disenfranchised tens of thousands of fact, Secretary Blackwell belatedly replied voters statewide. The Greater Cleveland CHRONOLOGY OF EVENTS to the letter with a refusal to answer any of Voter Registration Coalition projects that in The Lead Up to the 2004 Ohio Presidential the questions. Ranking Member Conyers Cuyahoga County alone over 10,000 Ohio citi- Election In Ohio—In the days leading up to wrote back to Blackwell the same day re- zens lost their right to vote as a result of of- election day 2004, a consensus appeared to questing that he remain true to his promise ficial registration errors. have emerged among observers that the to answer the questions. Congressman Con- There were 93,000 spoiled ballots where no state of Ohio would be one of the battle- yers has yet to receive a reply. vote was cast for president, the vast major- ground states that would decide who would At the same time, officials from the Green ity of which have yet to be inspected. The be elected the Forty-fourth President of the Party and Libertarian Party have been in- problem was particularly acute in two pre- United States. Both the Democratic and Re- vestigating allegations of voter disenfran- cincts in Montgomery County which had an publican Presidential campaigns, as well as chisement in Ohio and other states. Eventu- ally, the Presidential Candidates for those undervote rate of over 25% each—accounting outside groups, had spent considerable time parties, David Cobb and , for nearly 6,000 voters who stood in line to and resources to win the state, but the day filed requests for recounts to all 88 Ohio vote, but purportedly declined to vote for before the election, the Democratic can- Counties. However, it appears their efforts president. didate, Senator John Kerry, appeared to There were numerous, significant unex- have the edge. The Democratic Party also too are being stonewalled and thwarted by plained irregularities in other counties had vastly outperformed its Republican nonstandard and highly selective recounts, throughout the state: (i) In Mahoning county counterparts in registering voters in this unnecessary delays, and blatant deviations from long accepted Ohio law and procedure. at least 25 electronic machines transferred key state. Recently, Senator Kerry, a party to the re- an unknown number of Kerry votes to the Election Day—Numerous irregularities count action, joined the and Bush column; (ii) Warren County locked out were reported throughout Ohio. In par- Libertarian Party in requesting immediate public observers from vote counting citing ticular, in predominately Democratic and action to halt these irregularities and poten- an FBI warning about a potential terrorist African-American areas, the voting process tial fraud in the recount. The recount is still threat, yet the FBI states that it issued no was chaotic, taxing and ultimately fruitless pending before the federal court, yet to be such warning; (iii) the voting records of for many. The repeated and suspicious chal- counted. Perry county show significantly more votes lenges of voter eligibility and a lack of inad- In addition, a challenge has been filed to than voters in some precincts, significantly equate number of voting machines in these the Ohio results asserting, to a level of less ballots than voters in other precincts, areas worked in concert to slow voting to a sworn proof beyond a reasonable doubt, that and voters casting more than one ballot; (iv) crawl, with voting lines as long as ten hours. Senator Kerry, not President Bush, was the in Butler county a down ballot and under- Voters reported bizarre ‘‘glitches’’ in voting actual victor of the Presidential race in funded Democratic State Supreme Court machines where votes for Senator Kerry Ohio. Kenneth Blackwell is adamantly refus- candidate implausibly received more votes were registered as votes for the President. ing to answer any questions under oath in re- than the best funded Democratic Presi- The counting process was similarly chaotic gard to election irregularities or results. He dential candidate in history; (v) in Cuyahoga and suspect. is apparently counting upon Congress ac- county, poll worker error may have led to The Aftermath—On November 5, after re- cepting the votes of the electors and, as an little known third party candidates receiving ceiving preliminary reports of election irreg- immediate consequence, the Ohio Supreme twenty times more votes than such can- ularities in the 2004 General Election, Con- Court dismissing the citizens’ election con- didates had ever received in otherwise reli- gressman John Conyers, Jr., the Ranking test. ably Democratic leaning areas; (vi) in Miami Member of the House Judiciary Committee, Committee Members and other interested county, voter turnout was an improbable and and 14 Members of Congress wrote to the Members have gone to substantial lengths to highly suspect 98.55 percent, and after 100 Government Accountability Office (GAO) to ascertain the facts of this matter. The inves- percent of the precincts were reported, an request an investigation of such irregular- tigation by Congressman Conyers and the additional 19,000 extra votes were recorded ities. Democratic staff of the House Judiciary for President Bush. On November 22, at the request of the GAO, Committee into the irregularities reported Third, in the post-election period we the House Judiciary Committee Democratic in the Ohio presidential election has also in- learned of numerous irregularities in tal- staff met with GAO officials. In this meet- cluded the following efforts: lying provisional ballots and conducting and ing, GAO officials advised that, on its own On November 5, 2004, Representatives Con- completing the recount that disenfranchised authority, the GAO was prepared to move yers, Nadler, and Wexler wrote to the GAO

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD — HOUSE H89 Comptroller David M. Walker requesting an zens Alliance for Secure strike at the heart of representative govern- investigation of the voting machines and has organized hearings that have provided ment.’’ The Court observed that, ‘‘undeni- technologies used in the 2004 election; valuable leads for this report. We have been ably the Constitution of the United States On November 8, 2004, Representatives Con- contacted by thousands of concerned citi- protects the right of all qualified citizens to yers, Nadler, Wexler, Scott, Watt, and Holt zens: they want a full and fair count of all of vote, in state as well as in federal elections. wrote to GAO Comptroller Walker request- the votes and confidence in the electoral sys- A consistent line of decisions by this Court ing that additional concerns surrounding the tem, and they find both of these to be sorely in cases involving attempts to deny or re- voting machines and technologies used in lacking in this election. Many have inves- strict the right of suffrage has made this in- the 2004 election be investigated; tigated these matters themselves and have delibly clear. It has been repeatedly recog- On November 15, 2004, Representatives Lee, made considerable sacrifices to do so. nized that all qualified voters have a con- Filner, Olver, and Meeks joined in the re- The events surrounding the Presidential stitutionally protected right to vote, . . . quest for a GAO investigation; election in Ohio must be viewed in two im- and to have their votes counted.’’ On November 29, 2004, Representatives portant contexts. First, there is the 2000 Under the Equal Protection Clause of the Weiner, Schakowsky, Farr, Sanders, and Election debacle in Florida. In that election, Fourteenth Amendment, Reynolds and its Cummings joined in the request for a GAO advocates for a full and fair count were progeny require that votes that are cast investigation; asked to ‘‘move on’’ after Vice President Al must actually be counted. The Equal Protec- On December 2–3, 2004, Congressman Con- Gore conceded the election to then- tion Clause also requires that all methods yers and other Judiciary Democratic Mem- George W. Bush. Months later, it was found the ‘‘legislature has prescribed’’ to preserve bers wrote to Ohio Secretary of State J. Ken- that a full and fair count would have re- the right to vote be effected, not thwarted. neth Blackwell concerning Ohio election sulted in Gore, not Bush, being elected the Courts have held that the Due Process irregularities; Forty-third President of the United States. Clause implemented in the context of voting On December 3, 2004, Representative Wool- Subsequent investigations also uncovered rights requires ‘‘fundamental fairness’’—the sey joined in the request for a GAO inves- rampant disenfranchisement in Florida, par- idea that the state official cannot conduct tigation; ticularly of African-American voters. an election or apply vote-counting proce- On December 3, 2004, Congressman Conyers Second, as events have unfolded in Ohio, dures that are so flawed as to amount to a wrote to Warren Mitofsky of Mitofsky Inter- telling events have taken place within the denial of voters’ rights to have their voices national requesting the release of United States, in the State of Washington, heard and their votes count. As a result, raw data from the 2004 presidential election and across the globe, in the Ukraine. In under the Constitution, citizens have a fun- as such data may evidence instances of vot- Washington State, after the Republican Gu- damental right to vote and to have their ing irregularities; bernatorial Candidate, Dino Rossi, declared vote counted by way of election procedures On December 8, 2004 in Washington, D.C., victory after a partial recount, it was later that are fundamentally fair. Where ‘‘organic Congressman Conyers hosted a forum on vot- found—after a full and fair recount—that the failures in a state or local election process ing irregularities in Ohio; Democratic candidate, Christine Gregoire, threaten to work patent and fundamental On December 13, 2004 Congressman Conyers was the victor. While national and state Re- unfairness, a . . . claim lies for a violation of hosted a second forum on voting irregular- publican leaders in Ohio have derided at- substantive due process.’’ ities in Ohio in Columbus, Ohio; tempts to ascertain the Ohio Presidential Importantly, protections for the right to On December 13, 2004 Congressman Conyers election result and resolve the questions de- vote extend to and include the right to a full and other Members wrote to Ohio Governor, scribed herein, after the Washington re- and fair recounting of those votes. A recount Bob Taft, Speaker of Ohio State House, count, Mr. Rossi has now asked for a re-vote is fundamental to ensure a full and effective Larry Householder, and President of Ohio in the State of Washington, saying it is need- counting of all votes. Ohio courts have held State Senate, Doug White, requesting a ed for the election to be ‘‘legitimate.’’ that ‘‘[a] recount . . . is the only fair and eq- delay of the meeting of Ohio’s presidential In the Ukraine, after the apparent defeat uitable procedure to ensure the correct tally electors; of the opposition leader, Viktor Yushchenko, of all the votes.’’ As the Oklahoma Supreme On December 14, 2004, Congressman Con- in that nation’s Presidential election, amid Court recently emphasized, ‘‘[a] timely re- yers wrote to Ohio Secretary of State J. allegations of fraud and public protests, a count is an integral part of an election.’’ The Kenneth Blackwell in regards to the Sec- new election was held, and Yushchenko won West Virginia Supreme Court, construing a retary’s refusal to cooperate with the Judici- by a significant margin. In fact, in the first, recount statute similar to Ohio’s recount ary Democratic Members investigating elec- seemingly flawed election, Yushchenko ap- provisions, stressed the importance of an tion irregularities in Ohio; peared to lose by three percentage points. election recount to the fairness and integrity On December 15, 2004, Congressman Con- However, he won by eight percentage points of the election itself. Indeed, courts in states yers wrote to FBI Special Agent in Charge, in the subsequent revote. United States offi- which provide a statutory right to a recount Kevin R. Brock and Hocking County, Ohio cials called the original vote rife with ‘‘fraud uniformly have held that an election cannot Prosecutor, Larry Beal, requesting an inves- and abuse,’’ largely relying on anecdotal evi- be deemed over and final until a recount pro- tigation into alleged Ohio election problems; dence and deviations between exit polls and vided under state law has been completed. On December 21, 2004, Congressman Con- reported results. B. Federal Statutory Election Safeguards yers wrote to Ohio candidates requesting A simple lesson may be drawn from these There are numerous federal statutes that that they report any incidences of irregular- two contexts: elections are imperfect. They protect the right to vote. First and foremost, ities or deviations from accepted law or are subject to manipulation and mistake. It the Voting Rights Act prohibits any person, practices during the recount in Ohio; is, therefore, critical that elections be inves- whether acting under color of law or other- On December 21, 2004, Congressman Con- tigated and audited to assure the accuracy of wise, from: yers wrote to several major media outlets re- results. As Senator Kerry’s attorney re- (1) failing or refusing to permit any quali- questing the exit poll raw data from the 2004 cently noted, only with uniformity in the fied person from voting in . . . federal elec- presidential election; procedures for such an investigation and tions; On December 22, 2004, Congressman Con- audit ‘‘can the integrity of the entire elec- (2) refusing to count the vote of a qualified yers wrote to Triad GSI President Brett toral process and the election of Bush-Che- person; or Rapp and Triad GSI Ohio Field Representa- ney warrant the public trust.’’ (3) intimidating any one attempting to tive Michael Barbian, Jr. regarding the vot- Regardless of the outcome of the election, vote or any one who is assisting a person in ing machine company’s involvement in the and that outcome cannot be certain as long voting. Presidential election and Ohio recount and as legitimate questions remain and valid bal- In addition, the Civil Rights Act of 1968 allegations that it intentionally or neg- lots are being counted, it is imperative that provides criminal penalties for violations of ligently acted to prevent validly cast ballots we examine any and all factors that may civil rights, including interference with the in the presidential election from being have led to voting irregularities and any fail- right to vote. Specifically, section 245 of counted; ure of votes to be properly counted. title 18 makes it a crime for any person who On December 23, 2004, as a follow-up letter ‘‘by force or threat of force willfully injures, RELEVANT BACKGROUND LAW to the December 22 letter, Congressman Con- intimidates or interferes with, or attempts yers wrote to Triad’s President Rapp and A. Federal Constitutional Law Safeguards to injure, intimidate or interfere with any Ohio Field Representative Barbian upon The right to vote is our most cherished person because he is or has been, or in order learning that Triad had remote access to democratic right and, as such, is strongly to intimidate such person or any other per- tabulating computers controlled by the protected under the Constitution. Both the son or any class of persons from voting or Board of Elections; and Equal Protection and Due Process Clauses of qualifying to vote....’’. On January 3, 2004, federal and Ohio state the 14th Amendment operate to protect our In 1993, Congress enacted the National lawmakers joined Reverend Jesse Jackson in citizens’ right to vote for the candidate of Voter Registration Act (NVRA), which re- Columbus, Ohio for a rally calling attention their choice. quires that, for federal elections, states es- to the need for national election reform and In the seminal voting rights case of Rey- tablish fair and expeditious procedures so the January 6th joint session of Congress nolds v. Sims, the Supreme Court held that that eligible citizens may register to vote. where election results will be certified. ‘‘the right to vote freely for the candidate of Pursuant to the NVRA, section 1974a of title Citizen groups have played a substantial one’s choice is of the essence of a democratic 42 makes it a crime for any person to will- role in acquiring relevant information. Citi- society, and any restrictions on that right fully steal, destroy, conceal, mutilate, or

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H90 CONGRESSIONAL RECORD — HOUSE January 6, 2005 alter any voting records, including those tified abstracts of the results to the Sec- such return the name of a person not enti- having to do with voter registration. retary. Any statutorily mandated recount of tled to vote at such election or not voting After the widespread problems that oc- the votes cast in Ohio for President cannot thereat, or a fictitious name, or, within such curred in the November 2000 election, Con- occur before the Secretary declares the ini- time, wrongfully change, alter, erase, or gress enacted the Help America Vote Act tial results. tamper with a name, word, or figure con- (HAVA), thereby creating a new federal 3. Security of Ballots and Machinery tained in such pollbook, tally sheet, list, agency with election administration respon- In addition, Ohio law prohibits election book, or paper; or falsify, mark, or write sibilities, setting requirements for voting machinery from being serviced, modified, or thereon with intent to defeat, hinder, or pre- and voter-registration systems and certain altered in any way subsequent to an elec- vent a fair expression of the will of the peo- other aspects of election administration, and tion, unless it is done so in the presence of ple at such election. providing federal funding. Perhaps the cen- the full board of elections and other observ- All of these are fifth degree felonies. tral requirement of HAVA was that, begin- ers. Any handling of ballots for a subsequent 4. The Law of Recounts and Contests ning January 1, 2004, any voter not listed as recount must be done in the presence of the registered must be offered and permitted to The Secretary of State’s declaration of the entire Board and any qualified witnesses. cast a provisional ballot. HAVA included a initial results of a Presidential election in Containers in which ballots are kept may variety of additional new requirements, in- Ohio is not final. Under Ohio law, a recount not be opened before all of the required par- cluding a provision that beginning January of the initial results is required where the ticipants in are attendance. The Ohio Re- 1, 2004 (extendable to 2006), states using voter margin of victory is one-fourth of one per- vised Code defines a ballot as ‘‘the official registration must employ computerized, cent or less, or where a candidate who is not election presentation of offices and can- statewide voter registration systems that declared elected applies for a recount within didates . . . and the means by which votes are accurately maintained. five days of the Secretary of State declaring are recorded.’’ Therefore, for purposes of the results of the election and remits the re- C. Ohio Election Safeguards Ohio law, electronic records stored in the quired bond. In either instance, the Sec- Ohio has enacted numerous provisions de- Board of Election computers are to be con- retary of State ‘‘shall make an amended dec- signed to protect the integrity of the voting sidered ‘‘ballots.’’ laration of the results’’ of the Presidential and tabulation process. Further, any modification of the election election after a full and complete recount of 1. The Right to Vote in Ohio machinery may only be done after full notice the initial results throughout the state is to the Secretary of State. The Ohio Code and Under the Ohio Constitution, ‘‘Every cit- completed. Therefore, the Ohio legislature related regulations require that after the izen of the United States, of the age of eight- has determined that, in certain statutorily- state certifies a voting system, changes that een years, who has been a resident of the defined circumstances, the Secretary’s final affect ‘‘(a) the method of recording voter in- state, county, township, or ward, such time declaration of the results of a Presidential tent; (b) voter privacy; (c) retention of the as may be provided by law, and has been reg- election in Ohio shall not occur prior to a vote; or (d) the communication of voting istered to vote for thirty days, has the quali- full and complete recount of the initial re- records,’’ must be done only after full notice fications of an elector, and is entitled to vote sults. to the Secretary of State. at all elections.’’ This includes the right to Once the recount applications have been Secretary Blackwell’s own directive, cou- vote directly for Presidential electors. The filed, all affected county boards must notify pled with Ohio Revised Code § 3505.32, pro- protection of this right is placed squarely on the applicant and all others who received hibits any handling of these ballots without the Secretary of State, who has the affirma- votes in the election of the time, method and bipartisan witnesses present. That section of tive duty to ‘‘investigate the administration place at which the recount will take place, the code provides that during a period of offi- of election laws, frauds, and irregularities in such notice to be no later than five days cial canvassing, all interaction with ballots elections in any county, and report viola- prior to the start of the recounts. Nothing in must be ‘‘in the presence of all of the mem- tions of election laws to the attorney general Ohio law prohibits the notices from being bers of the board and any other persons who or prosecuting attorney, or both, for pros- mailed prior to the certification of results. are entitled to witness the official canvass.’’ ecution.’’ To complete this task, the legisla- The recount must be held no later than ten In this election, the Ohio Secretary of State ture has given the Secretary the power to days after the day the recount application is has issued orders that election officials were ‘‘issue subpoenas, summon witnesses, compel filed or after the day the Secretary of State to treat all election materials as if the State the production of books, papers, records and declares the results of the election. were in a period of canvassing,’’ and that, other evidence.’’ At the time and place fixed for making a ‘‘teams of one Democrat and one Republican Many specific provisions in the Ohio Re- recount, the Board of Elections, in the pres- must be present with ballots at all times of vised Code help protect one’s right to vote: ence of all witnesses who may be in attend- processing.’’ Polls must be open from 6:30 in the morn- ance, shall open the sealed containers con- In addition to these provisions imposing ing until 7:30 at night, and everyone in line taining the ballots to be recounted and shall duties on the Board of Elections, there are at that time must be allowed to vote. recount them. Each candidate may ‘‘attend numerous criminal sanctions for tampering Loitering around the polling place is and witness the recount and may have any with votes and the machines that tabulate barred, and no one may ‘‘hinder or delay’’ a person whom the candidate designates at- them: voter from reaching the polls or casting a tend and witness the recount. ‘‘No person shall tamper or attempt to vote. Due to a directive issued by Secretary tamper with, deface impair the use of, de- Alteration or destruction of ballots, ma- Blackwell, the recount does not automati- stroy or otherwise injure in any manner any chinery or election records is prohibited. cally require a hand count of every vote cast voting machine . . . No person shall tamper Illegal voting is a felony. in the election. Each county board of elec- or attempt to tamper with, deface, impair Those who cannot mark their own ballot tions randomly takes a sample representing the use of, destroy or otherwise change or in- due to illiteracy or disability are entitled to at least 3% of the votes cast and compares jure in any manner any marking device, assistance. the machine count to a hand count. If there automatic tabulating equipment or any ap- Election officials who do not enforce these is a discrepancy, the entire county must be purtenances or accessories thereof.’’ provisions are criminally liable. hand counted. If there is no discrepancy, the ‘‘No person shall-destroy any property 2. Declaring Results remainder of ballots may be recounted by used in the conduct of elections. machine. Ohio law requires that, before the Sec- ‘‘No person, from the time ballots are cast retary of State can declare the initial results or voted until the time has expired for using D. Determination of Ohio’s Electoral College of the Presidential election in Ohio, each of them in a recount or as evidence in a contest Votes the 88 county boards of elections (‘‘county of election, shall unlawfully destroy or at- Ohio and federal law intersect with regard boards’’) must (1) canvass the results in the tempt to destroy the ballots, or permit such to the issue of determining the extent to county, (2) certify abstracts of those results, ballots or a ballot box or pollbook used at an which Ohio’s electoral votes are counted to- and (3) send the certified abstracts to the election to be destroyed; or destroy, falsify, wards the election of the president through Secretary of State.’’ Only after the Sec- mark, or write in a name on any such ballot the electoral college. The 12th Amendment retary of State receives the certified ab- that has been voted. sets forth the requirements for casting elec- stracts from the county boards is the Sec- ‘‘No person, from the time ballots are cast toral votes and counting those votes in Con- retary able to canvass the abstracts to ‘‘de- or counted until the time has expired for gress. The electors are required to meet, cast termine and declare’’ the initial results of using them as evidence in a recount or con- and certify their ballots and transmit them the Presidential election in Ohio. test of election, shall willfully and with to the Vice President in his or her capacity Under Ohio law, the Secretary of State is fraudulent intent make any mark or alter- as President of the Senate. In addition, the required to fix the calendar by which the ation on any ballot; or inscribe, write, or Electoral Count Act requires that the results state’s Presidential election results initially cause to be inscribed or written in or upon a be transmitted to the secretary of state of are declared and by which a recount of those registration form or list, pollbook, tally each state, the Archivist of the United initial results can occur. Specifically, the sheet, or list, lawfully made or kept at an States, and the federal judge in the district Secretary is to set the date by which Ohio’s election, or in or upon a book or paper pur- in which the electors met. Upon receipt of 88 county boards must complete their can- porting to be such, or upon an election re- the ballots at a time designated by statute, vass of election returns and send the cer- turn, or upon a book or paper containing the ‘‘President of the Senate shall, in the

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD — HOUSE H91 presence of the Senate and House of Rep- has been received shall be rejected, but the ers—a smaller universe. . . . In the Columbus resentatives, open all the certificates and two Houses concurrently may reject the vote area, the result was that suburban precincts the votes shall then be counted. or votes when they agree that such vote or that supported Mr. Bush tended to have Congress has specified that all controver- votes have not been so regularly given by more machines per registered voter than sies regarding the appointment of electors electors whose appointment has been so cer- center city precincts that supported Mr. should be resolved six days prior to the tified. If more than one return or paper pur- Kerry.’’ meeting of electors (on December 7, 2004, for porting to be a return from a State shall The Washington Post also found that in purposes of this year’s presidential election) have been received by the President of the voter-rich Franklin County, which encom- in order for a state’s electors to be binding Senate, those votes, and those only shall be passes the state capital of Columbus, elec- on Congress when Congress meets on Janu- counted which shall have been regularly tion officials decided to make do with 2,866 ary 6, 2005, to declare the results of the 2004 given by the electors who are shown . . . to machines, even though their analysis showed election. have been appointed.’’ that the county needed 5,000 machines. Specifically, 3 U.S.C. § 5 provides, in perti- Since the Electoral Count Act of 1887, no The Franklin County Board of Elections nent part: objection meeting the requirements of the reported 81 voting machines were never ‘‘If any State shall have provided, by laws Act has been made against an entire slate of placed on election day, and Board Director enacted prior to the day fixed for the ap- state electors. In the 2000 election several Matt Damschroder admitted that another 77 pointment of the electors, for its final deter- Members of the House of Representatives at- machines malfunctioned on Election Day.’’ mination of any controversy or contest con- tempted to challenge the electoral votes However, a county purchasing official who cerning the appointment of all or any of the from the State of Florida. However, no Sen- was on the line with Ward Moving and Stor- electors of such State, by judicial or other ator joined in the objection, and, therefore, age Company, documented only 2,741 voting methods or procedures, and such determina- the objection was not ‘‘received.’’ In addi- machines delivered through the November 2 tion shall have been made at least six days tion, there was no determination whether election day.’’ While Franklin County’s before the time fixed for the meeting of the the objection constituted an appropriate records reveal that they had 2,866 ‘‘machines electors, such determination made pursuant basis under the 1887 Act. However, if a State available’’ on election day. This would mean to such law so existing on said day, and has not followed its own procedures and met that the even larger number of at least 125 made at least six days prior to said time of its obligation to conduct a free and fair elec- machines remained unused on Election Day. meeting of the electors, shall be conclusive, tion, a valid objection—if endorsed by at Mr. Damschroder misinformed a federal and shall govern in the counting of the elec- least one Senator and a Member of the House court on Election Day when he testified the toral votes as provided in the Constitution, of Representatives—should be debated by county had no additional voting machines; and as hereinafter regulated, so far as the as- each body separately until ‘‘disposed of’’. this testimony was in connection with a Vot- certainment of the electors appointed by DETAILED FINDINGS ing Rights Act lawsuit brought by the state such State is concerned.’’ Democratic Party that alleged minority pre- The joint session of the Senate and House A. Pre-Election cincts were intentionally deprived of ma- is held on January, unless Congress deter- 1. Machine Allocations—Why were there chines. mines otherwise, of the year following the such long lines in Democratic leaning After the election the Washington Post presidential election at 1:00 p.m. No debate is areas but not Republican leaning areas? also reported that in Franklin County, ‘‘27 of allowed during the joint session. The Presi- Facts the 30 wards with the most machines per reg- dent of the Senate opens the electoral vote One of the critical reforms of HAVA was istered voter showed majorities for Bush. At certificates in alphabetical order from each federal funding for states to acquire new and the other end of the spectrum, six of the state, passes them to four tellers (required updated voting machines, and to fairly allo- seven wards with the fewest machines deliv- by statute to be appointed two from each cate the machines. Under HAVA, the Elec- ered large margins for Kerry.’’ House) who announce the results. The votes tion Assistance Commission (EAC) provides At seven of the eight polling places in are then counted and those results an- payments to States to help them meet the Franklin County, a heavily populated urban nounced by the President of the Senate. The uniform and nondiscriminatory election community, there were only three voting candidates for President and Vice President technology and administration requirements machines per location; but there had been receiving a majority of the electoral votes, in title III of the law.’’ In 2004, the EAC proc- five machines at these locations during the currently set at 270 of 538, are declared to essed a payment of $32,562,331 for fiscal year 2004 primary. have been ‘‘elected President and Vice Presi- 2003 and $58,430,186 for fiscal year 2004 for a According to the presiding judge at one dent of the States.’’ total of $90,992,517. There is no information polling site located at the Columbus Model Section 15 of title 3, United States Code, publicly available describing what, if any, provides that, when the results from each of Neighborhood facility at 1393 E. Broad St., Ohio HAVA funds were used and for what there had been five machines during the 2004 the states are announced, that ‘‘the Presi- those funds were used. Nor are we aware how dent of the Senate shall call for objections, if primary. Moreover, at Douglas Elementary such funds were allocated within the state of School, there had been four machines during any.’’ Any objection must be presented in Ohio and between counties. writing and ‘‘signed by at least one Senator the spring primary. There was a wide discrepancy between the We have received additional information of and one Member of the House of Representa- availability of voting machines in more mi- tives before the same shall be received.’’ The hardship caused by the misallocation of ma- nority, Democratic and urban areas as com- chines based on emails and other trans- objection must ‘‘state clearly and concisely, pared to more Republican, suburban and and without argument, the ground thereof.’’ missions, with waits of 4–5 hours or more exurban areas. Even on election day, urban being the order of the day. For example, we When an objection has been properly made in areas were hard pressed to receive the crit- writing and endorsed by a member of each have learned of four hour waits at Precincts ical machines to respond to the ever length- 35B and C in Columbus; seven hours waits for body the Senate withdraws from the House ening lines. According to a Washington Post chamber, and each body meets separately to one voting machine per thousand voters, investigation, ‘‘in Columbus, Cincinnati and where the adjacent precinct had one station consider the objection. ‘‘No votes . . . from Toledo, and on college campuses, election of- any other State shall be acted upon until the for 184 voters.’’ Additionally, it appears that ficials allocated far too few voting machines in a number of locations, polling places were [pending] objection . . . [is] finally disposed to busy precincts, with the result that voters of.’’ moved from large locations, such as gyms, stood on line as long as 10 hours—many leav- where voters could comfortably wait inside Section 17 of title 3 limits debate on the ing without voting.’’ Moreover, the Election objections in each body to two hours, during to vote, to smaller locations where voters Protection Coalition testified that more were required to wait in the rain.’’ which time no member may speak more than than half of the complaints about long lines once and not for more than five minutes. Dr. Bob Fitrakis testified before the House they received ‘‘came from Columbus and Judiciary panel that Franklin County Board Both the Senate and the House must sepa- Cleveland where a huge proportion of the rately agree to the objection; otherwise, the of Elections Chair, Bill Anthony, said that a state’s Democratic voters live.’’ truckload of 75 voting machines were held challenged vote or votes are counted. Based upon various sources including com- Historically, there appears to be three gen- back on election day while people waited 5 to plaints, sworn testimony, and communica- eral grounds for objecting to the counting of 6 hours to vote. tions with Ohio election officials, we have electoral votes. The law suggests that an ob- Over 102,000 new voters were registered in identified credible concerns regarding the al- jection may be made on the grounds that (1) Franklin County. A majority of them were location of machines on election day: a vote was not ‘‘regularly given’’ by the African Americans. ‘‘And so,’’ said State challenged elector(s); (2) the elector(s) was Franklin County Senator Ray Miller, ‘‘only logic would say, not ‘‘lawfully certified’’ under state law; or A New York Times investigation revealed we need more machines, particularly in the (3) two slates of electors have been presented that Franklin County election officials re- black community.’’ to Congress from the same State. Section 15 duced the number of electronic voting ma- Rev. William Moss testified that there of title 3 specifically provides: chines assigned to downtown precincts and were ‘‘unprecedented long lines’’ and noted ‘‘[N]o electoral vote or votes from any added them to the suburbs. ‘‘They used a for- that Secretary of State Blackwell did not State which shall have been regularly given mula based not on the number of registered provide sufficient numbers of voting ma- by electors whose appointment has been law- voters, but on past turnout in each precinct chines to accommodate the augmented elec- fully certified . . . from which but one return and on the number of so-called active vot- torate in Columbus.

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H92 CONGRESSIONAL RECORD — HOUSE January 6, 2005 Knox County stitutional safeguards of Equal Protection where to cast a ballot on Election Day. At Kenyon College, a surge of late registra- and Due Process, particularly given the ra- While the Help America Vote Act provided tions promised a record vote. Nevertheless, cial disparities involved. Denying voters the that voters whose names do not appear on Knox County officials allocated two ma- means to vote in a reasonable and fair man- poll books are to sign affidavits certifying chines, just as in past elections. Voter Mat- ner is no different than preventing them that they are in the correct jurisdiction and thew Segal, a student at Kenyon College, from voting outright. to be given provisional ballots, Secretary testified before the House Judiciary panel Second, the failure to provide enough vot- Blackwell considerably narrowed the defini- about conditions that amounted to voter dis- ing machinery violates both Ohio’s Constitu- tion of ‘‘jurisdiction’’ to mean ‘‘precinct.’’ enfranchisement in Gambier, Ohio.’’ The tion, that provides all eligible adults the Alleging that allowing voters to use provi- Gambier polling place had two machines for right to vote, and the Ohio Revised Code sional ballots outside their own precincts a population of 1,300 people, though nearby which requires the Boards of Elections to would be ‘‘a recipe for Election Day chaos,’’ counties had one machine for every 100 peo- provide ‘‘for each precinct a polling place Secretary Blackwell required such ballots to ple. He noted that voters were ‘‘compelled to and provide adequate facilities at each poll- be cast in the actual precincts of voters oth- stand outside in the rain, through a hot gym- ing place for conducting the election.’’ Fur- erwise they would be discarded entirely. Mr. nasium in crowded, narrow hallways, making ther, ‘‘the board shall provide a sufficient Blackwell’s rationalization appears to have voting extremely uncomfortable.’’ According number of screened or curtained voting com- ignored the fact that in prior elections, Ohio to his testimony, ‘‘many voters became over- partments to which electors may retire and was able to grant far broader rights to provi- heated and hungry’’ and had to leave the conveniently mark their ballots.’’ sional ballots, and that other states that long lines to eat. ‘‘One girl actually fainted These conclusions regarding Ohio legal permitted voters to cast them from any- and was forced to leave the line,’’ he said. violations are supported by several prece- where within their county did not face the ‘‘Many others suffered headaches due to dents, as well as common sense: chaos he feared. Because of Secretary Blackwell’s restric- claustrophobic conditions and noise.’’ The U.S. District Court for the Southern In contrast, at nearby Mt. Vernon Naza- District of Ohio found such a serious threat tive order, the Sandusky County Democratic rene University, which is considered more to the voting right that it took the highly Party filed a federal lawsuit to overturn it. Republican leaning, there were ample voting unorthodox step of ordering that those indi- The plaintiff’s basis for the suit was that the order was discriminatory because lower-in- machines and no lines. viduals waiting in line for longer than two come people were more likely to move and, Other hours receive paper ballots or some other mechanism. thus, appear at the wrong precinct. Further- The NAACP testified that approximately There is specific precedence for a legal vio- more, the order would have disenfranchised ‘‘thirty precincts did not have curbside vot- lation due the fact that, under Ohio law in first-time voters, many of whom would not ing machines for seniors and disabled vot- 1956, the courts were forced to intervene to know where to vote. ers.’’ enforce the then-applicable requirement of In his rulings in favor of the plaintiffs and One entire polling place in Cuyahoga Coun- one machine per 100 voters. The court was against Secretary Blackwell, U.S. District ty had to ‘‘shut down’’ at 9:25 a.m. on Elec- highly critical of the previous practice of re- Judge James Carr held that the blame lay tion Day because there were no working ma- quiring only one machine for 800 voters or squarely on Secretary Blackwell. The court chines. two for 1,400. Nearly 50 years later, we are was forced to issue two rulings ordering Sec- We received an affidavit from Rhonda J. retary Blackwell to issue HAVA-compliant Frazier, a former employee of Secretary unfortunately back to the antiquated prac- tice of effectively disenfranchising those who directives. Secretary Blackwell abided by Blackwell, describing several irregularities neither judgment and instead proceeded with concerning the use of HAVA money and the are unable to spend an entire day voting. Evidence suggests that the Board of Elec- directives that would disenfranchise Ohio acquisition of election machinery by the voters. state. She states that Secretary Blackwell’s tions’ misallocation of machines went be- yond urban/suburban discrepancies to spe- With respect to the speed of the case, the office failed to comply with the require- court noted that its urgency was the result ments of the voting reform grant that re- cifically target Democratic areas. In par- ticular, within the less urban county of of Secretary Blackwell failing to issue provi- quired all of the voting machines in Ohio to sional voting guidelines for almost two years be inventoried and tagged for security rea- Knox, the more Democratic leaning pre- cincts near Kenyon College were massively after the enactment of HAVA: ‘‘The exigen- sons. Ms. Frazier also asserts that she ‘‘was cies requiring the relief being ordered herein routinely told to violate the bidded con- shorted; the more Republican leaning pre- cincts near Mt. Vernon Nazarene University are due to the failure of the defendant to ful- tracts to order supplies from other compa- fill his duty not only to this Court, as its in- nies for all 17 Secretary of State offices were not. Third, it appears that a series of more lo- junction directed him to do, but more impor- throughout the State which were cheaper calized legal violations have not been inves- tantly, to his failure to do his duty as Sec- vendors, leaving a cash surplus differential tigated. These include Mr. Damschroder’s retary of State to ensure that the election in the budget’’ and that, when she inquired contradictory statements regarding the laws are upheld and enforced. . . . The pri- as to where the money differential was number and availability of machines on elec- mary cause of the exigency is the defend- going, she was essentially told that this was tion day in Franklin County raise the possi- ant’s failure to have issued Directive 2004–33 not her concern and that she should not in- bility of perjury. The affidavit submitted by relating to provisional voting for nearly quire about where that money went. twenty-three months after HAVA’s enact- Secretary of State Blackwell has refused Rhonda Frazier would also appear to dem- onstrate a prima facie violation of the Help ment. . . . Blackwell has never explained why to answer any of the questions concerning he waited so long to do anything to bring these matters posed to him by Ranking America Vote Act. Fourth, Secretary of State Blackwell’s Ohio’s provisional election procedures into Member Conyers and 11 other Members of failure to initiate any investigation into this line with federal law.’’ the Judiciary Committee on December 2, pivotal irregularity (which perhaps borders The court then turned its attention to the 2004. on fraud), notwithstanding his clear statu- substance of Secretary Blackwell’s original Analysis tory duty to do so under Ohio Revised Code and amended directives. In these directives, Through intent or negligence, massive er- section 3501.05, represents a clear violation of ‘‘Blackwell described not a single provision rors that led to long lines were made in the Ohio law. The Secretary of State’s most im- of federal law generally, much less HAVA in distribution and allocations of voting ma- portant obligation under the Ohio Constitu- particular. . . . By failing to discuss HAVA, chines. The Washington Post reports that in tion is to protect the right of every Ohio cit- on the one hand, and describing only out- Columbus alone, the misallocation of ma- izen who is eligible to vote and invesigate moded, no longer applicable procedures on chines reduced the number of voters by up to any and all irregularities concerning the the other, Blackwell . . . left Ohio’s election 15,000 votes. Given what we have learned in same. Mr. Blackwell’s failure to obey Ohio officials more confused than they would have our hearings, this is likely conservative esti- law on this point constitutes a clear instance been if the directive had not issued.’’ In addi- mate, and statewide, the shortage of ma- where Ohio election law has been abrogated. tion, because the amended directive did not chines could have resulted in the loss of hun- clearly state that persons who might not be 2. Cutting Back on the Right to Provisional eligible to vote must be informed of their dreds of thousands of votes. The vast major- Ballots ity of this lost vote caused by lengthy lines right to vote provisionally, the court held in the midst of adverse weather was con- Facts that ‘‘Blackwell’s proposed directive would centrated in urban, minority and Democratic In a decision that Ohio Governor Bob Taft disenfranchise all such individuals.’’ The leaning areas. As a result, this misallocation believed could affect over 100,000 voters, on court believed that, by seeming to deprive appears to be of the pivotal factors con- September 17, 2004, Secretary Blackwell voters and county election officials of valu- cerning the vote and outcome in the entire issued a directive restricting the ability of able information regarding HAVA and provi- election in Ohio. voters to use provisional ballots. The Elec- sional ballots, ‘‘Blackwell apparently seeks On its face, the misallocation, shorting, tion Protection Coalition testified that the to accomplish the same result in Ohio in 2004 and failure to timely deliver working ma- narrow provisional ballot directive led to that occurred in Florida in 2000.’’ Ulti- chines would appear to violate a number of thousands of ballots from validly registered mately, the court was forced to require the legal requirements. voters being thrown out because election of- Secretary, within a tight deadline, to issue First, it would seem to constitute a viola- ficials with limited resources never told specific guidelines pertaining to provisional tion of the Voting Rights Act and the con- many of the voters in their jurisdictions ballots.

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD — HOUSE H93 Instead of complying with this federal Secretary of State Blackwell has refused The Montgomery County Board of Elec- court order, Secretary Blackwell entirely to answer any of the questions concerning tions said the paper weight order was frus- disregarded the ruling and questioned the these matters posed to him by Ranking trating their ability to process registrations. motives of the judge. He referred to Judge Member Conyers and 11 other Members of They attempted to comply by mailing a new Carr as ‘‘a liberal judge . . . who wants to be the Judiciary Committee on December 2, form to potential voters who sent forms of co-secretary of state.’’ At a speech before the 2004. incorrect weight, but a processing backlog of Loveland Area Chamber of Commerce in Analysis 4,000 forms prevented them from sending new Clermont County, Secretary Blackwell com- Mr. Blackwell’s decision to restrict the use forms by the October 4 deadline, such that pared himself to Mohandas Gandhi, Martin of provisional ballots is one of the most crit- some voters could have been disenfranchised. Steve Harsman, the Deputy Director of the Luther King, and the apostle Paul on the ical in the election and could well have re- Board, says ‘‘there is just no reason to use grounds that he would rather go to jail—as sulted in disenfranchisement of tens of thou- they did—than issue an order he believed was 80-pound paper.’’ sands of voters. In a single polling place in Finally, Secretary Blackwell was not fol- illegal. He also claimed his office could not Hamilton County, denying provisional bal- speak with Judge Carr about the case be- lowing his own order. An Ohio lawyer, John lots if a voter showed up at the wrong pre- Stopa, noted that voter registration forms cause the Judge was in Florida; Blackwell cinct cost more than 1,100 votes. later admitted he did not mean the Judge ac- obtained at Blackwell’s office were printed Although Mr. Blackwell’s narrow interpre- on 60-pound paper. An election board official tually was in Florida. Additionally, a jour- tation was ultimately upheld by the Sixth nalist reported seeing Judge Carr in his stated he obtained 70-pound weight forms Circuit, this was not until after a lower from Blackwell’s office. chambers the day the ruling was issued. Sec- court found: ‘‘The Proposed Directive fails in After several weeks of pressure from vot- retary Blackwell appealed the judge’s deci- many details to comply with HAVA by not ing rights advocates, such as the League of sion to the Sixth Circuit Court of Appeals, instructing Ohio’s election workers about Women Voters of Ohio and People for the which overturned the lower court decision their duties under HAVA. Among the cru- American Way, Secretary Blackwell reversed and authorized Mr. Blackwell’s more restric- cial, but omitted details are: the mandatory his directive on September 28, 2004. Even his tive legal interpretation. While Blackwell cited an October 12 resolu- obligation to inform voters of the right to new order, however, was not drafted clearly enough. He did not withdraw the first direc- tion by the Election Assistance Commission vote provisionally and the duty to provide tive, and found the sec- as authority for his decision, EAC Chairman provisional ballots to all persons covered by ond directive to be ‘‘worded so inartfully DeForest Soaries asked Blackwell in writing the statute, and not just to persons whose that it could create confusion. As a matter not to say that the resolution endorsed the names are not on the rolls.’’ In our judgment, Mr. Blackwell’s restric- of fact, the Delaware County Board of Elec- Blackwell order. Chairman Soaries further tive interpretation violates the spirit, if not tions posted a notice on its website stating it stated that Secretary Blackwell was the the letter, of HAVA. The decision seems par- could not accept its own Voter Registration only secretary of state who actually misread ticularly unjust given that Ohio had not ex- Forms and directed voters to request a new the EAC’s ruling. The EAC did not ‘‘agree perienced any notable difficulties giving pro- one by calling a number. that a person in the wrong precinct shouldn’t visional ballots on a broader basis in past Secretary of State Blackwell has refused be given a provisional ballot. . . . The pur- to answer any of the questions concerning pose of provisional ballots is to not turn any- elections, and other states which adopted broader constructions did not report the these matters posed to him by Ranking one away from the polls. . . . We want as Member Conyers and 11 other Members of many votes to count as possible.’’ chaos and confusion that Mr. Blackwell claimed to be the rationale for his decision. the Judiciary Committee on December 2, Many of Ohio’s county boards of elections 2004. also disagreed with Blackwell’s interpreta- 3. Cutting Back on the Right of Citizens To Analysis tion of the law and with his motivations. Register To Vote Secretary Blackwell’s directive to reject Franklin County Board Chairman William Facts registration applications based on paper Anthony stated, ‘‘For him to come out with On September 7, 2004, Secretary Blackwell weight, even though eventually rescinded, that decision so close to Election Day . . . issued a directive to county boards of elec- undoubtedly had a negative impact on reg- I’m suspect of his motivations.’’ The Direc- tions mandating rejection of voter registra- istration figures. During the time period the tor of the Franklin County Board also dis- tion forms based on their paper weight. Spe- directive was in place, it likely resulted in agreed with Blackwell and asserted that its cifically, he instructed the boards to reject an untold number of voters not being reg- precincts would have voters who insist they voter registration forms not ‘‘printed on istered in time for the 2004 election. In addi- are in the correct precinct sign affidavits white, uncoated paper of not less than 80 lb. tion, even after the directive was reconsid- and submit provisional ballots. Cuyahoga text weight.’’ Then the counties were in- ered, it was done so in a confusing manner. County directed people to the right precincts structed to follow a confusing procedure, For example, the directive continued to be but still accepted provisional ballots from treating the voter registration forms not on posted on the Ohio Secretary of State’s anyone who insisted on voting. Cuyahoga this minimum paperweight as an application website, and at least one county, Delaware County Board Chairman Bob Bennett, who for a new registration form. Mr. Blackwell’s County, continued to post the directive on also chairs the Ohio Republican Party, issuance of this directive less than one its website as well. issued a statement saying the Board would month before Ohio’s voter registration dead- Mr. Blackwell’s initial directive appears to not deny ballots to voters who wanted them: line resulted in confusion and chaos among be inconsistent with the National Voter Reg- ‘‘The Cuyahoga County Board of Elections the counties: istration Act, which put safeguards in place will not turn voters away. . . . We are simply The Lake County Board of Elections Direc- to ease voter registration, not impede it. trying to avoid confrontation at the ballot tor, Jan Clair, who happens to be a Repub- There is perhaps no more certain indication box over the validity of each ballot. Those lican, stated that the weight order would of the disenfranchisement bias Secretary of decisions will be made by the board of elec- ‘‘create more confusion than the paper’s State Blackwell brought to his job than this tions according to state law.’’ worth. . . . It’s the weight of the vote I’m controversial ruling, which was widely re- In response, Mr. Blackwell’s spokesperson concerned about on Nov. 2—that’s the impor- viled even by Republicans. threatened such election officials with re- tant thing.’’ 4. Targeting New Minority Voter moval from their positions. The Mahoning County Board of Elections In Hamilton County, election officials im- Registrants—Caging plemented Mr. Blackwell’s directive and re- Director, Michael Sciortino, said mailing Facts fused to count provisional ballots cast at the high weight registration paper to voters was The Ohio Republican Party attempted to correct polling place even if they were cast not a priority and might occur after the elec- engage in ‘‘caging,’’ whereby it sent reg- tion because of how it might confuse voters. istered letters to newly registered voters in at the wrong table in that polling place. The Cuyahoga County Board of Elections Some polling places contained multiple pre- minority and urban areas, and then sought Director, Michael Vu, said his Board would to challenge 35,000 individuals who refused to cincts that were located at different tables. rather not comply with the weight order and As a result, 1,110 provisional ballots were sign for the letters or the mail otherwise asked state lawmakers to address it. Sec- came back as undeliverable (this includes deemed invalid because people voted in the retary Blackwell gave permission for the wrong precinct. In about 40 percent of these voters who were homeless, serving abroad, or Board to accept registration forms that were simply did not want to sign for something cases, voters found the correct polling printed in newsprint in the Cleveland Plain concerning the Republican Party). Mark places, which contained multiple precincts, Dealer.’’’ As Director Vu pointed out, his of- Weaver, an attorney for the Ohio Republican but workers directed them to the wrong fice does not ‘‘have a micrometer at each Party, acknowledged the Party used this table. In other areas, precinct workers re- desk to check the weight of the paper.’’ technique. During a hearing before the Sum- fused to give any voter a provisional ballot. Other counties such as Madison County mit County Board of Elections, a challenger Also, in at least one precinct, election judges followed Mr. Blackwell’s ruling and indi- admitted that she had no knowledge to sub- told voters that they may validly cast their cated that they sent letters and new forms to stantiate her claim that the voters she was ballot in any precinct, leading to any num- voters. challenging were out of compliance with ber of disqualified provisional ballots. Simi- The Franklin County Board of Elections Ohio’s election law: larly, in Stark County, the Election Board was unlikely to comply with the weight di- Ms. Barbara MILLER (Republican Chal- rejected provisional ballots cast at the rective, largely because it does not keep lenger): That was my impression that these wrong precinct in the right polling place. In track of the weight of such forms. items that I signed were for people whose earlier elections, a vote cast in Stark County The Lorain County Board of Elections ac- mail had been undeliverable for several in the wrong precinct at the proper polling cepted voter registration on any weight of times, and that they did not live at the resi- location was counted. paper. dence.

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H94 CONGRESSIONAL RECORD — HOUSE January 6, 2005 Mr. Russell PRY (Member, Summit County The court also found that the challenge days after the deadline for partisan chal- Board of Elections): Did you personally send statute in general was not narrowly tailored lengers to register with their county boards any mail to Ms. Herrold? enough justify the ‘‘severe’’ burden on vot- of elections.’’ An attorney with the Ohio At- Ms. MILLER: No, I did not. ers. While the state’s interest in preventing torney General’s office, Jeffrey Hastings, ad- Mr. PRY: Have you seen any mail that was fraudulent voting was compelling, there were mitted to Judge O’Donnell that Secretary returned to Ms. Herrold? other ways to do that besides allowing par- Blackwell had changed his mind in first lim- Ms. MILLER: No, I have not. tisan groups to arbitrarily challenge voters. iting challengers to one per polling place and Mr. PRY: Do you have any personal knowl- Analysis then, after the October 22 challenger reg- edge as we stand here today that Ms. Herrold istration deadline, allowing multiple chal- Although the ‘‘caging’’ tactics targeting does not live at the address at 238 30th Street lengers. 35,000 new voters by the Ohio Republican Northwest? Two federal district court judges also Party were eventually struck down, it is Ms. MILLER: Only that which was my im- found the challenge procedure to be problem- likely they had a negative impact on the in- pression; that their mail had not been able atic and tantamount to voter disenfranchise- clination of minorities to vote, although, it to be delivered. ment. In one lawsuit, the plaintiffs were is difficult to develop a specific estimate. Mr. PRY: And who gave you that impres- Donald and Marian Spencer, an elderly Afri- The caging tactics were clearly both dis- sion? can-American couple who alleged the chal- criminatory and illegal. All three district Ms. MILLER: Attorney Jim Simon. lenge statute harkened back to Jim Crow Mr. PRY: And what did— court cases ruled in favor of the plaintiffs, disenfranchisement. In her opinion rejecting Ms. MILLER: He’s an officer of the party. finding the challenges to be politically and the GOP challenger system, U.S. District Mr. PRY: An officer of which party? racially charged, and burdening the funda- Court Judge Susan Dlott wrote that ‘‘there Ms. MILLER: Republican party. mental right to vote. As one court stated, exists an enormous risk of chaos, delay, in- Mr. PRY: Where did you complete this ‘‘This Court recognizes that the right to vote timidation and pandemonium inside the challenge form at? is one of our most fundamental rights. Po- polls and in the lines out the door.’’ In the Ms. MILLER: My home. tential voter intimidation would severely other district court case, Summit County Mr. PRY: What did Mr. Simon tell you burden the right to vote. Therefore, the Democratic Central and Executive Com- with respect to Ms. Herrold’s residence? character and magnitude of Plaintiffs’ as- Ms. MILLER: That the mail had come back mittee, et. al. v. Blackwell, Judge John R. serted injury is substantial.’’ It went on to undeliverable several times from that resi- Adams noted the risk that ‘‘the integrity of note that the right to vote is paramount to dence. the election may be irreparably harmed.’’ ‘‘If any interest in challenging other people: Mr. PRY: And you never saw the returned challenges are made with any frequency,’’ he ‘‘. . . Plaintiff’s right to cast votes on elec- mail? wrote, ‘‘the resultant distraction and delay tion day is a fundamental right. The chal- Ms. MILLER: No, I did not. could give rise to chaos and a level of voter lengers, however, do not have a fundamental Mr. PRY: Now, you’ve indicated that you frustration that would turn qualified elec- right to challenge other voters. These deci- signed this based on some personal knowl- tors away from the polls.’’ edge. sions correctly overturned these caging and Judge Dlott also noted the racial disparity Mr. HUTCHINSON: (Joseph F. Hutchinson, challenging activities because they violated inherent in challenges, citing that only 14% Jr. Summit County Board of Elections) No. the right to equal protection, due process, of new voters in white areas would face chal- Mr. ARSHINKOFF: (Alex R. Arshinkoff, and Ohioans’ fundamental right to vote. lenges while up to 97% of new voters in black Summit County Board of Elections) Reason Ralph Neas, President of the People for the areas would face them. The Chair of the to believe. It says, ‘‘I have reason to be- American Way Foundation, emphasized the Hamilton County Board of Elections, Tim- lieve.’’ It says it on the form. seriousness of these tactics when he testified othy Burke, was an official defendant in the Mr. JONES: It says, ‘‘I hereby declare that ‘‘the 35,000 people that were threatened lawsuit but testified the use of the chal- under penalty of election falsification, that with being challenged. That’s not the spirit lenges was unprecedented. Chairman Burke the statements above are true as I verily be- of democracy; that’s the spirit of suppres- stated that the Republican Party had lieve.’’ sion. [The Republican Party] did everything planned for challengers at 251 of Hamilton Mr. ARSHINKOFF: It says here, ‘‘I have to minimize the vote in the urban areas and County’s 1013 precincts; 250 of the challenged reason to believe.’’ to engage in voter suppression, and I hope precincts have significant black populations. Mr. HUTCHINSON: It says what it says. the hearings really emphasize this. I think Both federal courts blocking the use of Mr. ARSHINKOFF: You want her indicted, that prosecution is something that should be challengers highlighted that challengers get her indicted. considered with respect to what happened in were not needed because Ohio law already Mr. PRY: That may be where it goes next. Ohio.’’ safeguarded elections from voter fraud by Among other things, the Republican Party 5. Targeting Minority and Urban Voters for the use of election judges. In particular, Ohio arranged for the Sandusky County sheriff to Legal Challenges law mandates that four election judges staff visit the residences of 67 voters with wrong each polling place and provides that the pre- or non-existent addresses. Facts The caging tactics were so problematic The Ohio Republican Party, which Sec- siding judge of each group can make deci- that a federal district court in New Jersey retary Blackwell helped lead as Chair of the sions regarding voter qualifications. Although Secretary Blackwell reversed his and a panel of the Third Circuit found that Bush-Cheney campaign in Ohio, engaged in a position and issued a statement on October the Republican Party was egregiously in vio- massive campaign to challenge minority vot- 29, 2004, excluding challengers from polling lation of the 1982 and 1987 decrees that barred ers at the polls. The Republican Party lined places, his position became less relevant the party from targeting minority voters for up poll challengers for 30 of Ohio’s 88 coun- when Jim Petro, Ohio’s Attorney General, challenges at the polls. They found sufficient ties, and the vast majority were focused in argued in favor of the challenges taking evidence that the Ohio Republican Party and minority and urban areas. In addition to in- place and said the Secretary’s new statement the RNC conspired to be ‘‘disruptive’’ in mi- timidating minority voters, this scheme was unlawful. Seeing the irony in these con- nority-majority districts and enjoined the helped lead to increased delays and longer flicting opinions, Judge Dlott asked ‘‘how party from using the list. The Third Circuit waits in voting lines in these areas. This was can the average election official or inexperi- granted a hearing en banc and therefore a particularly damaging outcome on a day of enced challenger be expected to understand stayed the order and vacated the opinion. severe adverse weather in Ohio. As a federal The U.S. District Court for the Southern court looking at these issues concluded: if the challenge process if the two top election District of Ohio found the same activities to challenges are made with any frequency, the officials cannot?’’ violate the Due Process Clause of the Con- resultant distraction and delay could give These two lower court rulings did not stitution. Most importantly, notice of the rise to chaos and a level of voter frustration stand. The Sixth Circuit Court of Appeals re- Republican-intended challenge and subse- that would turn qualified electors away from versed the two lower court opinions on a 2– quent hearing was sent to the 35,000 voters the polls. 1 vote. The Supreme Court of the United far too late to be of any use to the Three separate courts issued opinions ex- States denied the applications to vacate the challengee. In fact, the notice was sent so pressing serious concerns with Ohio’s voter 6th Circuit’s stays of the lower court rulings. late, that many did not receive it before the challenge processes. At the state level, Cuya- While troubled about the ‘‘undoubtedly seri- election at all, and the court found that inef- hoga County Common Pleas Judge John ous’’ accusation of voter intimidation, Jus- fective notice must have been the intent: O’Donnell found that Secretary Blackwell tice John Paul Stevens said the full Court ‘‘The Defendants’ intended timing and man- exceeded his authority in issuing a directive could not consider the case because there ner of sending notice is not reasonably cal- that let each political party have multiple was insufficient time to properly review the culated to apprise Plaintiff Voters of the challengers at each polling place. While the filings and submissions. hearing regarding the challenge to their reg- Democratic Party registered only one chal- Analysis istrations, nor to give the them opportunity lenger per polling place, the Republican The decision by the Ohio Republican Party to present their objections, as demonstrated Party had registered one challenger for each to utilize thousands of partisan challengers by the individual situations of Plaintiffs Mil- precinct (there are multiple precincts in in the voting booths undoubtedly had an in- ler and Haddix . . . it seems that Defendants many polling places). Judge O’Donnell found timidating and negative impact on minority intend to send the notice to an address which the directive to be ‘‘unlawful, arbitrary, un- voters. While it is difficult to estimate how has already been demonstrated to be faulty.’’ reasonable and unconscionable, coming four many voters were disenfranchised by the

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD — HOUSE H95 challenger program, given the adverse cating themselves within 100 feet of polling the Democratic vote. Moreover, unlike in weather conditions and the lack of trained places. This would have been the first time 2000, independent candidate was pollworkers, the disruptions caused by chal- in thirty years in which reporters were pre- not on the Ohio ballot in 2004. Yet, the tal- lengers could easily have reduced minority vented from monitoring polls. Media organi- lies reflect John Kerry receiving exactly the turnout by tens of thousands of voters, if not zations challenged the barrier, leading to a same percentage, 28 percent, in Warren more. It is noteworthy that these disruptions U.S. Court of Appeals for the Sixth Circuit County as Gore received. were predicted by Republican officials: ruling that struck down Secretary In support of his assertion that there was ‘‘Mark Weaver, a lawyer for the Ohio Repub- Blackwell’s decision. In its opinion, the no wrongdoing in Warren County, Secretary lican Party, acknowledged, ‘[the challenges] court noted that ‘‘democracies die behind Blackwell has referred to a Democratic elec- won’t be resolved until [Election Day], when closed doors’’ and found that the district tion observer in Warren County, Jeff all of these people are trying to vote. It can’t court’s ruling had ‘‘interpreted and applied Ruppert, who has said he observed nothing help but create chaos, longer lines and frus- the statute overly broadly in such a way inappropriate at the County administration tration.’ He reiterated that ‘challengers at that the statute would be violative of the building. While we have no reason to doubt the polls] were bound to slow things down.’’’ first amendment’’. Mr. Ruppert’s truthful account of what he This will lead to long lines. Analysis actually observed, a complete review of his While the program of challenging voters statements shows numerous problems at the was ultimately upheld, after a series of back Mr. Blackwell’s decision to prevent news media and exit polls from interviewing Ohio building. At the outset, Mr. Ruppert ac- and forth decisions, clearly this is an issue knowledges that he was subject to the lock- which harkens back to the ‘‘Jim Crow’’ era. citizens after they voted constitutes a clear violation of the First Amendment’s guar- out and had to present identification to even As U.S. District Court Judge John R. Adams be admitted to the building. Once he gained wrote in his Summit County opinion: ‘‘In antee that state conduct shall not abridge ‘‘freedom . . . of the press.’’ His decision also admission, Mr. Ruppert said he did ‘‘have light of these extraordinary circumstances, concerns over how provisional ballots were and the contentious nature of the imminent likely violated Ohio’s own Constitution that provides: ‘‘Every citizen may freely speak, handled at polling places—which he said election, the Court cannot and must not turn seemed to be inconsistent.’’ He also points to a blind eye to the substantial likelihood that write, and publish his sentiments on all sub- jects, being responsible for the abuse of the a number of areas he observed that were cen- significant harm will result not only to vot- ters of activity (ballots being transferred ers, but also to the voting process itself, if right; and no law shall be passed to restrain or abridge the liberty of speech, or of the from vehicles, precinct captains accom- appointed challengers are permitted at the panying ballots in elevators, and ballots polls on November 2. . . . The presence of ap- press.’’ His decision does not appear to have being stored), but it clearly would have been pointed challengers at the polls could signifi- had any negative impact on the vote, but po- impossible for Mr. Ruppert to observe all of cantly impede the electoral process, and in- tentially made it more difficult for the these activities at the same time. Finally, fringe on the rights of qualified voters.’’ media to uncover voting irregularities, dis- As a result, the Ohio challenger system de- crepancies, and disenfranchisement. considering that he left before the ballot count was completed, it is inaccurate to serves reconsideration by the legislature or B. Election Day further judicial appeal. state with certainty that there were no prob- 1. County-Specific Issues lems in Warren County. 6. Denying Absentee Voters Who Never Got Warren County—Counting in Secret Because Secretary of State Blackwell has refused Their Ballots the Right to a Provisional of a Terrorist Threat? to answer any of the questions concerning Ballot Facts these matters posed to him by Ranking Facts On election night, Warren County, a tradi- Member Conyers and 11 other Members of Secretary Blackwell also issued a ruling the Judiciary Committee on December 2, preventing the issuance of provisional bal- tional Republican stronghold, locked down its administration building and barred re- 2004. lots for voters who requested absentee bal- Analysis lots, even if they failed to receive them by porters from observing the counting. When the official deadline or did not receive them that decision was questioned, County offi- Given the total lack of explanation by Mr. at all. Despite the fact that these errors oc- cials claimed they were responding to a ter- Blackwell or Warren County officials, it is curred on the part of the Ohio government rorist threat that ranked a ‘‘10’’ on a scale of not implausible to assume that someone is and not the voters, Secretary Blackwell de- 1 to 10, and that this information was re- hiding something. We do not know whether termined they should not receive provisional ceived from an FBI agent. Despite repeated what happened is simply a miscommunica- ballots at the polls. requests, County officials have declined to tion or mix up, where an election official A lawsuit filed by a college student, Sara name that agent, however, and the FBI has misunderstood an FBI directive. If that were White, who never received her absentee bal- stated that it had no information about a the case, it would seem to be an easy matter lot and was denied a provisional one, led to terror threat in Warren County. to dispel the confusion surrounding this epi- a ruling that other similar voters must be Warren County officials have given con- sode. Given that no such explanation has issued provisional ballots. The court ordered flicting accounts of when the decision was been forthcoming and given the statistical Lucas County to start providing provisional made to lock down the building. While the anomalies in the Warren County results, it is ballots, and directed Secretary Blackwell to County Commissioner has stated that the de- impossible to rule out the possibility that advise all Boards of Elections of the same cision to lock down the building was made some sort of manipulation of the tallies oc- within 30 minutes. The legal ruling over- during an October 28 closed-door meeting, e- curred on election night in the locked down turning Mr. Blackwell’s restrictive ruling on mailed memos—dated October 25 and 26—in- facility. The disclosure that the decision to absentee ballots came late in the afternoon, dicate that preparations for the lockdown lock down the facility the Thursday before and as a result, many voters intending to were already underway. the election, rather than on election day vote that day were prevented from doing so. Statements also describe how ballots were would suggest the lockdown was a political Analysis left unguarded and unprotected in a ware- decision, not a true security risk. If that was house on Election Day, and they were hast- Mr. Blackwell’s decision to prevent those the case, it would be a violation of the con- ily moved after county officials received stitutional guarantees of equal protection voters who requested absentee ballots, but complaints. did not receive them on a timely basis, from and due process, the Voting Rights Act, and It is important to view the lockdown in the Ohio right to vote. We believe it is the statu- being able to vote, also likely disenfran- context of the aberrant results in Warren chised many voters, particularly seniors who tory duty for the Secretary of State to inves- County. An analyst who has received all the tigate irregularities of this nature. were turned away from the polls before the vote data for 2000 and 2004 by precinct in sev- Mahoning County—Innumerable Flipped decision was known. eral Ohio counties did a detailed analysis of The federal court found that Mr. Black- Votes and Extra Votes the greatest increase in votes for President well’s decision clearly violated HAVA: Bush by precinct, and the Bush-Kerry mar- Facts ‘‘HAVA is clear; that all those who appear at gin in Warren County. The analyst revealed We have received numerous reports of a polling place and assert their eligibility to that Warren County first did a lockdown to transfers of votes for Senator Kerry to votes vote irrespective of the fact that their eligi- count the votes, then apparently did another for President Bush. Specifically, in Youngs- bility may be subject to question by the peo- lockdown to recount the votes later, result- town, the Washington Post reported that ple at the polling place or by the Board of ing in an even greater Bush margin and very their investigation revealed 25 electronic Elections, shall be issued a provisional bal- unusual new patterns. machines transferred an unknown number of lot.’’ In addition, this restrictive directive Moreover, in the 2000 Presidential election, Kerry votes to the Bush column. Jeanne also likely constituted violations of Article the Democratic Presidential candidate, Al White, a veteran voter and manager at the S, Section 1 of the Ohio Constitution, grant- Gore, stopped running television commer- Buckeye Review, an African American news- ing every Ohio citizen the right to vote if he cials and pulled resources out of Ohio weeks paper, stepped into the booth, pushed the or she is otherwise qualified. before the election. He won 28% of the vote button for Kerry—and watched her vote 7. Denying Access to the News Media in Warren County 223 In 2004, the Democratic jump to the Bush column. ‘‘I saw what hap- Facts Presidential candidate, John Kerry, fiercely pened; I started screaming: ‘They’re cheating Secretary Blackwell also sought to prevent contested Ohio and independent groups also again and they’re starting early!’’’ The Elec- the news media and exit poll takers from lo- put considerable resources into getting out tion Protection Coalition also confirmed

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H96 CONGRESSIONAL RECORD — HOUSE January 6, 2005 these voting ‘‘glitches’’ noting that a ‘‘voter well-funded Democratic Presidential cam- Franklin County (Gahana)—How does a com- reported ‘Every time I tried to vote for the paign in history. We have been able to ascer- puter give George W. Bush nearly 4,000 Democratic Party Presidential vote the ma- tain no answer to the question of how an un- extra votes? chine went blank. I had to keep trying, it derfunded Democratic State Supreme Court Facts took 5 times.’’’ candidate could receive such a disproportion- On election day, a computerized voting The voting machine in Youngstown experi- ately large number of votes in Butler County machine in ward 1B in the Gahana precinct enced what election officials called ‘‘calibra- over the Kerry Edwards ticket. This raises of Franklin County recorded a total of 4,258 tion problems.’’ Thomas McCabe, Deputy Di- the possibility that thousands votes for Sen- votes for President Bush and 260 votes for rector of the Mahoning County Board of ator Kerry were lost, either through manipu- Democratic challenger John Kerry. However, Elections, stated that the problem ‘‘happens lation or mistake. The loss of these votes there are only 800 registered voters in that every election’’ and ‘‘[i]t’s something we would likely violate constitutional protec- Gahana precinct, and only 638 people cast have to live with and we can fix it.’’ tions of equal protection and due process; if votes at the New Life Church polling site. It There is also information, still being inves- manipulation is involved, that would also has since been discovered that a computer tigated, that in several precincts, there were violate the Voting Rights Act and Ohio elec- glitch resulted in the recording of 3,893 extra more votes counted by machine than signa- tion law. This anomaly calls for an inves- votes for President George W. Bush—the tures in poll books (which includes absentee tigation, which Mr. Blackwell has failed to numbers were adjusted to show President voters). This would mean that more people initiate. Bush’s true vote count at 365 votes and Sen- voted by machine at a precinct than actually Cuyahoga County—Palm Beach County for ator Kerry’s at 260 votes. appeared at that location. For example, in Pat Buchanan-Redux? Secretary of State Blackwell has refused CMP 4C Precinct, there were 279 signatures to answer any of the questions concerning and 280 machine votes. In BLV 1 Precinct, Facts these matters posed to him by Ranking there were 396 signatures but 398 machine It has been well documented that a flawed Member Conyers and 11 other Members of votes. In AUS 12 Precinct, there were 372 sig- Palm Beach County ballot design in the 2000 the Judiciary Committee on December 2, natures but 376 machine votes. In POT 1 Pre- Florida Presidential election may well have 2004. cinct, there were 479 signatures but 482 ma- cost thousands of votes, by chine votes, and in YGN 6F Precinct, there misrecording such votes as votes for Pat Bu- Analysis were 270 signatures but 273 machine votes. It chanan. A similar problem may well have oc- At this point it is unclear whether the would appear from these numbers that the curred in Cleveland in 2004. computer glitch was intentional or not, as machines counted more votes than voters. Precincts in Cleveland have reported an in- we have received no cooperation from Sec- Secretary of State Blackwell has refused credibly high number of votes for third party retary Blackwell or other authorities in re- to answer any of the questions concerning candidates who have historically received solving the question. In order to resolve this these matters posed to him by Ranking only a handful of votes from these urban issue for future elections, it must be deter- Member Conyers and 11 other Members of areas. For example, precinct 4F in the 4th mined how it was initially discovered that the Judiciary Committee on December 2, Ward cast 290 votes for Kerry, 21 for Bush, such a computer glitch did and could occur 2004. and 215 for Constitution Party candidate Mi- and what procedures were employed to alert Analysis chael Peroutka. In 2000, the same precinct other counties upon the discovery of the Evidence strongly suggests many individ- cast less than 8 voters for all third party malfunction. Further, a determination uals voting in Mahoning County for Senator candidates combined. This pattern is found should be made as to whether we can be ab- Kerry had their votes recorded for President in at least 10 precincts throughout Cleveland solutely certain that this particular mal- Bush. Due to lack of cooperation from Sec- in 2004, awarding hundreds of unlikely votes function did not occur in other counties in retary of State Blackwell, we have not been to the third party candidate. Notably, these Ohio during the 2004 Presidential election, able to ascertain the number of votes that precincts share more than a strong Demo- and what actions have been taken to ensure were impacted or whether the machines mal- cratic history; they share the use of a punch that this type of malfunction does not hap- functioned due to intentional manipulation card ballot. This problem was created by the pen in the future. or error. This determination would help us combination of polling sites for multiple pre- Miami County—Where did nearly 20,000 extra determine if the Voting Rights Act was also cincts, coupled with incorrect information votes for George W. Bush come from? violated. Ascertaining the precise cause and provided by poll workers. Facts culprit could help ensure that the error does In Cuyahoga County, each precinct rotates In Miami County, voter turnout was a not occur in the future. Secretary of State candidate ballot position. Therefore, each highly suspect and improbable 98.55 percent. Blackwell’s apparent failure to initiate any ballot must go into a machine calibrated for With 100% of the precincts reporting on investigation into this serious computer its own precinct in order for the voter’s in- Wednesday, November 3, 2004, President Bush error would seem inconsistent with his stat- tent to be counted. In these anomalous pre- received 20,807 votes, or 65.80% of the vote, utory duty to review these matters. cincts, ballots were fed into the wrong ma- and Senator Kerry received 10,724 votes, or Butler County—The Strange Case of the chine, switching Kerry votes into third party 33.92% of the vote. Thus, Miami reported a Downballot Candidate Outperforming the votes. This was done on the advice of poll total of 31,620 voters. Inexplicably, nearly Presidential Candidate workers who told voters that they could in- 19,000 new ballots were added after all pre- sert their ballots into any open machine— In Butler County, a Democratic candidate cincts reported, boosting President Bush’s and machines were not clearly marked indi- for State Supreme Court, C. Ellen Connally, vote count to 33,039, or 65.77%, while Senator cating that they would work only for their received 59,532 votes. In contrast, the Kerry- Kerry’s vote percentage stayed exactly the designated precinct. Edwards ticket received only 54,185 votes, same to three one-hundredths of a percent- 5,000 less than the State Supreme Court can- Secretary of State Blackwell has refused age point at 33.92 percent. Roger Kearney of didate. Additionally, the victorious Repub- to answer any of the questions concerning Rhombus Technologies, Ltd., the reporting lican candidate for State Supreme Court re- these matters posed to him by Ranking company responsible for vote results of ceived approximately 40,000 less votes than Member Conyers and 11 other Members of Miami County, stated that the problem was the Bush-Cheney ticket. Further, Connally the Judiciary Committee on December 2, not with his reporting and that the addi- received 10,000 or more votes in excess of 2004. tional 19,000 votes were added before 100% of Kerry’s total number of votes in five coun- Analysis the precincts were in. Secretary of State Blackwell has refused ties and 5,000 more votes in excess of Kerry’s It appears that hundreds, if not thousands, to answer any of the questions concerning total in ten others. of votes intended to be cast for Senator According to media reports of Ohio judicial these matters posed to him by Ranking Kerry were recorded as being for a third races, Republican judicial candidates were Member Conyers and 11 other Members of party candidate. At this point it is unclear ‘‘awash in cash,’’ with more than $1.4 million the Judiciary Committee on December 2, whether these voting errors resulted from in campaign funding, as well as additional 2004. worker negligence and error or intentional independent expenditures made by the Ohio manipulation. While Cuyahoga County elec- Analysis Chamber of Commerce. tion official Michael Vu said he would inves- Mr. Kearney’s statement does not explain Secretary of State Blackwell has refused tigate, there has been no further explanation how the vote count could change for Presi- to answer any of the questions concerning about what will be done to remedy this situ- dent Bush, but not for Senator Kerry, after these matters posed to him by Ranking ation, and Secretary of State Blackwell has 19,000 new votes were added to the roster. Member Conyers and 11 other Members of refused to cooperate in our investigation or Thus, we are primarily concerned with iden- the Judiciary Committee on December 2, pursue his own inquiry. In any event, those tifying a valid explanation for the statistical 2004. voters whose votes were not properly count- anomaly that showed virtually identical ra- Analysis ed suffered a violation of their constitu- tios after the final 20–40% of the votes were It appears implausible that 5,000 voters tional protections of equal protection and counted. Specifically, we have received no waited in line to cast votes for an under- due process; if intentional manipulation is explanation as to how the vote count in this funded Democratic Supreme Court candidate involved, this would also implicate the Vot- particular county could have changed for and then declined to cast a vote for the most ing Rights Act and Ohio election law. President Bush, but not for Senator Kerry,

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD — HOUSE H97 after 19,000 new votes were added to the ros- Township AAS, while the Perry County cial-looking letter on Board of Elections let- ter. The vote results in Miami constitute yet Board of Elections reports that there are 850 terhead informing them that their polling another significant anomaly in the tens of registered voters in that township. place had changed or that they were not thousands range without any explanation or Secretary of State Blackwell has refused properly registered to vote. investigation by Secretary of State to answer any of the questions concerning On election day, a fake voter bulletin from Blackwell, leading us to conclude that there these matters posed to him by Ranking Franklin County Board of Elections was is likely some vote error or vote manipula- Member Conyers and 11 other Members of posted at polling locations, and fliers were tion. This could constitute a violation of the Judiciary Committee on December 2, distributed in the inner city, telling Repub- constitutional guarantees of equal protec- 2004. licans to vote on Tuesday and Democrats to tion and due process and, if intentional, Analysis vote on Wednesday due to unexpected heavy would likely violate the Voting Rights Act Clearly, there is an unexplained discrep- voter registration. and Ohio election law. ancy between the actual vote tallies and the In Cleveland, the Washington Post re- Perry County—Discrepancy in Number of number of registered voters in various pre- ported that unknown volunteers began show- Votes and Voters cincts as well as other statistical anomalies ing up at voters’ doors illegally offering to Facts in the County. Given the lack of any expla- collect and deliver complete absentee ballots nation to date, and an absence of willingness to the election office. The House Judiciary Committee Demo- by Secretary Blackwell or any other authori- The Election Protection Coalition testified cratic staff has received information indi- ties to explain or investigate these irregular- that in Franklin County, voters received fli- cating discrepancies in vote tabulations in ities, it is not inconceivable that some sort ers informing them that they could cast a Perry County. Similar discrepancies have of vote tampering has occurred. If so, that ballot on November 3. been found in other counties. For example, would likely constitute a denial of the con- In Franklin County there were reports that in Trumbull County there are apparently stitutional guarantees of equal protection about a dozen voters were contacted by more absentee votes than absentee voters ac- and due process, the Voting Rights Act, and someone claiming to be from the county cording to a recent study. For example, the Ohio election law. board of elections, telling them their voting sign-in book for the Reading S precinct indi- Republicans in the State of Washington location was changed. cates that approximately 360 voters cast bal- are currently citing such ‘‘mystery voters’’ ‘‘Door-hangers’’ telling African-American lots in that precinct. In the same precinct, as evidence of fraud. The State Republican voters to go to the wrong precinct were dis- the sign-in book indicates that there were 33 Chairman has commented, ‘‘people ask me tributed. absentee votes cast. In sum, this would ap- what fraud would look like? It would look Analysis pear to mean that fewer than 400 total votes like this. were cast in that precinct. Yet, the pre- The use of intimidation and misinforma- 2. Myriad Other Problems and Irregularities cinct’s official tallies indicate that 489 votes tion in Ohio on election day was widespread were cast. In addition, some voters’ names We learned of literally thousands upon and pervasive and clearly suppressed the have two ballot stub numbers listed next to thousands of additional irregularities in vote. The NAACP testified that they re- their entries, creating the appearance that Ohio. As a matter of fact, the Election Pro- ceived over 200 complaints of such acts in voters were allowed to cast more than one tection Commission has testified that to Ohio, so it is likely the actual number of in- ballot. date, there have been over 3,300 incidents of cidents ranged in the thousands, if not high- In another precinct in Perry County, W voting irregularities entered for Ohio alone. er. It is difficult to estimate how many of Lexington G AB, 350 voters are registered ac- The following is a brief highlight of some of these incidents actually resulted in lost cording to the County’s initial tallies. Yet, the more egregious irregularities we have votes. 434 voters cast ballots. As the tallies indi- learned of during the course of our investiga- These incidents of voter intimidation and cate, this would be an impossible 124% voter tion: misinformation clearly violate the Voting turnout. The breakdown on election night a. Intimidation and Misinformation Rights Act, the Civil Rights Act of 1968, was initially reported to be 174 votes for Facts Equal Protection, Due Process and the Ohio Bush, and 246 votes for Kerry. We are advised In the course of our hearings we learned: right to vote. The fact that Secretary that the Perry County Board of Elections The NAACP testified that it received over Blackwell did not initiate a single investiga- has since issued a correction claiming that, 200 calls regarding incidents of suspected tion into these many serious allegations may due to a computer error, some votes were voter intimidation or unusual election re- represent a violation of his statutory duty to counted twice. We are advised that the new lated activities, particularly actions taken investigate election irregularities. Cases of tallies state that only 224 people voted, and by challengers who intimidated poll workers intimidation and misinformation such as we the tally is 90 votes for Bush and 127 votes and voters. Other specific incidents involved have seen in Ohio appear to have become a for Kerry. This would make it appear that a caller who reported that someone was regular feature of our election landscape and virtually every ballot was counted twice, going door-to-door telling people they were would appear to warrant the development of which seems improbable. not registered to vote. A voter in Franklin a stronger investigative and law enforcement In Madison Township, Precinct AAS, a re- County received information in the mail system than we have at present, at both the view of the poll books shows that 481 people identified as being from the state that said state and federal levels. signed in to vote on election day, yet the he would have to vote by provisional ballot b. Machine Irregularities Perry County Board of Elections is reporting because he had moved; in fact, the voter had Facts that 493 votes were cast in that precinct, a not moved and had lived at the address for difference of 13 votes. The same discrepancy 10–15 years. One polling place worker was In the course of our hearings we learned: appears with respect to Monroe Township only asking African American voters for In Auglaize County, there were voting ma- AAV. The poll books show that 384 people their address. A new voter was told that chine errors. In a letter dated October 21, signed in on election day to vote, while the there were vote challengers at her precinct. 2004, Ken Nuss, former deputy director of the Perry County Board of Elections reports When she was voting, she was confused by County Board of Elections, claimed that Joe that 393 votes were cast, a difference of 9 the punch cards. She was afraid to ask poll McGinnis, a former employee of ES&S, the votes. workers for help for fear that she would be company that provides the voting systems in We have also received information that in challenged. Vote challengers were demand- Auglaize County, had access to and used the at least three precincts, Pike West AAY, ing that voters provide ID, leading many main computer that is used to create the New Lexington I AB, and Redfield AAC, people to leave. This egregious behavior ballot and compile election results. Mr. more signatures appear in the sign-in books should be curtailed by the state. McGinnis’s access to and use of the main than votes cast. This would indicate that In Franklin County, a worker at the Holi- computer was a violation of county board of votes may have been thrown out. day Inn observed a team of 25 people who election protocol. After calling attention to In Perry County, there appears to be an ex- called themselves the ‘‘Texas Strike Force’’ this irregularity in the voting system, Mr. traordinarily high level of 91% voter reg- using payphones to make intimidating calls Nuss was suspended and then resigned. istration; yet, a substantial number of these to likely voters, targeting people recently in In Cuyahoga County and Franklin County, voters have never voted and have no signa- the prison system. The ‘‘Texas Strike Force’’ there were voting machine errors with re- ture on file. Of the voters that are registered members paid their way to Ohio, but their spect to absentee ballots. The arrows on the in Perry County, an extraordinarily large hotel accommodations were paid for by the absentee ballots did not align with the cor- number of voters are listed as having reg- Ohio Republican Party, whose headquarters rect punch hole. This likely led to voters istered in 1977, a year in which there were no is across the street. The hotel worker heard casting a vote for a candidate other than the federal elections. Of these, an exceptional one caller threaten a likely voter with being candidate they intended to support. number are listed as having registered on the reported to the FBI and returning to jail if In Mahoning County, one precinct in exact same day: in total, 3,100 voters appar- he voted. Another hotel worker called the Youngstown recorded a negative 25 million ently registered in Perry County on Novem- police, who came but did nothing. votes. ber 8, 1977. Phone calls incorrectly informed voters In Mercer County, one voting machine In addition, according to a Democratic that their polling place had changed. showed that 289 people cast punch card bal- staff count of the poll books, there are ap- The Cleveland Plain Dealer found that sev- lots, but only 51 votes were recorded for proximately 751 registered voters in Madison eral Lake County residents received an offi- president. The county’s website appeared to

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H98 CONGRESSIONAL RECORD — HOUSE January 6, 2005 show a similar anomaly, reporting that At our Columbus, Ohio hearing, several registration errors which appear so prevalent 51,818 people cast ballots but only 47,768 bal- documented problems in Cuyahoga County in Ohio were the result of human mistake or lots were recorded in the presidential race, were brought to our attention by the Greater intentional misconduct. If it was inten- including 61 write-ins, meaning that approxi- Cleveland Voter Registration Coalition tional, a strong case can be made that it vio- mately 4,000 votes, or nearly 7%, were not (GCVRC). GCVRC registered approximately lated the Voting Rights Act, Equal Protec- counted for a presidential candidate. 10,000 voters before the 2004 elections, yet tion, Due Process, possibly the National At our Washington, D.C. hearing, inves- when they tracked the registrations, 3.5% Voter Registration Act, as well as Ohio’s tigative journalist Bob Fitrakis highlighted were either not entered at all or entered in- right to vote law. The Secretary of State’s malfunctions in Lucas County: ‘‘When the correctly, completely disenfranchising the failure to investigate these registration er- machines in Lucas County, which is a heav- applicants. While the board of Cuyahoga rors and other irregularities may also vio- ily Democratic county, when they are locked County was alerted to this problem as early late his duties to do so under Ohio law. in the principal’s office and nobody may vote as September, no corrective measures were HAVA funds were supposed to be used to at that site; when they’re going wrong all taken. Projected out county-wide, over 10,000 implement a fairer and more efficient reg- day, and the [Lucas County Election Direc- people were likely not correctly registered istration system statewide. Unfortunately, tor Paula Hicks-Hudson] admits the test and lost their right to vote. These registra- full funding has been delayed, and most failed prior to that, and the software is pro- tion problems led to provisional ballots states, including Ohio, have received waivers vided, of course, by Diebold, whose CEO, being thrown out. from this federal requirement. Walden O’Dell, is a member of President The NAACP reported that many voters 3. General Problems Bush’s Pioneer and Ranger team, has visited complained they were asked to show ID when a. Spoiled Ballots—Hanging Chads Again? the Crawford ranch and wrote a letter prom- they thought it was unnecessary or were un- Facts ising to deliver the electoral votes of Ohio, able to vote because they lacked proper ID. one has to be somewhat suspect. At several locations in Cuyahoga County, all Ohio had a significant number of spoiled In Hamilton County, the Washington Post voters were being asked for ID, not just new votes—approximately 93,000. These are bal- learned many absentee ballots did not in- voters. A voter called to say that all voters lots in which either no presidential vote was clude Kerry’s name because workers acciden- are being asked for ID. The poll workers recorded or multiple votes were indicated tally removed Kerry when removing Ralph were checking the address of the voter and therefore ignored. For example, someone Nader’s name from the ballots. against the address on the registration and if may not have filled in his presidential choice dark enough for an optical scan machine to Analysis they did not match, the voter was being turned away, often without casting a provi- read, but did fill it in clearly enough to be a There is no doubt that there were a num- sional ballot. In still another case, a voter valid selection in a hand count. In addition, ber of machine irregularities and glitches in was challenged because the address on the ID a punch card voter may not have punched the election, beyond the major discrepancies did not match the registration address (but completely through his choice, leaving a highlighted earlier in our report However, it was in the same precinct). ‘‘chad’’ attached that could not be read by is difficult for us to quantify the number of There were numerous cases where election the tabulator. However, that same chad votes that were altered or affected by these workers sent voters to the wrong precinct. could be read in a hand count because Ohio irregularities. A voter stated that a polling place in law provides that hanging chads may be con- Given the lack of cooperation we have re- Cleveland ran out of ballots, and put in an sidered valid votes as long as two corners are ceived from the Secretary of State’s office, it emergency request for ballots but did not re- detached. is difficult for us to ascertain whether the ceive them. According to a New York Times investiga- glitches were the result of mistake, neg- The reported that offi- tion, ‘‘the problem [with spoiled ballots] was ligence, or intentional misconduct. Depend- cials ticketed lawfully parked cars at the pronounced in minority areas, typically ing on the type of misconduct involved, polling stations. Kerry strongholds. In Cleveland ZIP codes these errors may constitute violations of the Election protection volunteers received where at least 85% of the population is Voting Rights Act, Equal Protection and complaints about provisional ballots from black, precinct results show that one in 31 Due Process, and Ohio’s right to vote. voters, many of whom reported being denied ballots registered no vote for president, more Morever, it would appear that Secretary the opportunity to vote by provisional bal- than twice the rate of largely white ZIP Blackwell’s apparent failure to follow-up on lot. Some polling places either ran out of codes where one in 75 registered no vote for these machine errors by way of an investiga- provisional ballots or never had any at their president. Election officials say that nearly tion would violate his duty to investigate location. For example: a voter registered to 77,000 of the 96,000 [spoiled] ballots were election law irregularities. vote in September. When she went to the punch cards.’’ The role of voting machines and computers polling place in Cuyahoga County on Elec- One of the principal purposes of the re- in our election represents an increasingly se- tion Day, they said she was not registered count in Ohio was to ascertain the intent of rious issue in our democracy. Our concerns and they refused to give her a provisional these 93,000 ballots. However, by manipula- are exacerbated by the fact that there are ballot. tion or otherwise every county in Ohio but very few companies who manufacture and In Franklin County, some voters, who were Coshocton County avoided completing a full operate voting machines, and they tend to be in line to vote, but outside of the doors to hand recount. This means that the vast ma- controlled by executives who donate largely, the polling place, were sent home at 7:30 p.m. jority of these spoiled ballots will never be if not exclusively, to the Republican Party when the polls closed. reviewed. and Republican candidates. Issues such as Analysis The problem was particularly acute in two the need for verifiable paper trails and great- precincts in Montgomery County which had Just as we witnessed in the Florida presi- er accountability all warrant further inves- an undervote rate of over 25% each—ac- dential debacle four years ago, improper tigation and possibly legislation. counting for nearly 6,000 voters who stood in purging and other errors by election officials c. Registration Irregularities and Official line to vote, but purportedly declined to vote represent a very serious problem and have a Misconduct and Errors for president. This is in stark contrast to the particularly negative impact on minority 2% of undervoting county-wide. Disturb- Facts voters. The fact that the Greater Cleveland ingly, predominately Democratic precincts In the course of our hearings we learned: Voter Registration Coalition projects that in had 75% more undervotes than those that A Washington Post investigation found Cuyahoga County alone over 10,000 Ohio citi- were predominately Republican. that many longtime voters discovered their zens lost their right to vote as a result of of- Secretary of State Blackwell has refused registrations had been purged. ficial registration errors and that the to answer any of the questions concerning Numerous voters were incorrectly listed on NAACP received more than 1,000 purging these matters posed to him by Ranking roster as felons, and thus not allowed to complaints on election day indicate that the Member Conyers and 11 other Members of vote. overall number of voters who may have been the Judiciary Committee on December 2, The NAACP testified to receiving over disenfranchised as a result of official mis- 2004. 1,000 calls related to voter registration takes and wrongful purging is in the scores issues, generally from individuals who were of thousands, if not more. Congressional pas- Analysis not on the voter rolls even though they had sage of HAVA’s provisional ballot require- Given the high level of interest in the pres- voted in previous elections, individuals with ment was intended to mitigate errors such as idential election in 2004, it is logical to as- questions on how to register, and individuals this, but Secretary Blackwell’s unduly nar- sume that many of the persons casting with concerns about not receiving a voter row interpretation of this requirement, as spoiled ballots intended to cast a vote for registration card. well as weak rules for counting and checking president, so this irregularity alone could ac- The Election Protection Coalition found provisional ballots, have made it far less count for tens of thousands of that ‘‘Individuals frequently reported having likely that individuals whose registration disenfranchised votes, with a dispropor- ‘disappeared’ from the voter rolls . . . Many was wrongfully purged or never entered tionate amount being minority voters and individuals expressed concerns that they had would be able to receive a provisional ballot Kerry voters. One of the reasons Ohio has registered but never received confirmation and have it counted. such a large number of ballots is that the or were not listed on the voter rolls at the Given the information we have, it is un- state relies so heavily on the outdated and precincts.’’ clear whether improper purging and other antiquated punch card system that proved to

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD — HOUSE H99 be error prone in Florida. Sixty-eight of the November 2 showed that Senator Kerry was count, or other forms of fraud, manipulation 88 Ohio counties still rely on the outdated leading President Bush by three percentage or irregularities occurred in the electoral punch card machines. Thus, at least in the points. Shortly after midnight on November process. Pollsters Mitofsky and Lenski have critical of Ohio the promise of 3, exit poll data continued to indicate that intimated that their poll numbers deviated HAVA funding to help states acquire better 52.1% of Ohio voters selected Senator Kerry from the official results because a dispropor- equipment so that more votes could count and 47.9% selected President Bush. These tionate number of Bush supporters refused to has not been met. numbers, however, differed greatly from the participate in their polls. However, Professor With regard to the severe undercount vot- final results of the election; in the official Freeman posits that part of the discrepancy ing figures in Montgomery County, we have results, President Bush led Senator Kerry by is due to a miscount of the vote. not received any cooperation from Secretary 2.5 percentage points in Ohio. As noted above, election polls are gen- Blackwell in ascertaining how this occurred. National poll data showed a similar shift erally accurate and reliable. Pollsters are This may have been due to some equipment from a clear advantage for Senator Kerry on able to categorize their sources of error and or poll worker error or, in the worst case, Election Day to a victory for President Bush develop extensive methodologies to limit manipulation. on the day after the election. Data that was those errors with each successive poll. Polit- b. Exit Polls Bolster Claims of Irregularities provided by Edison/Mitofsky to the National ical scientist Ken Warren noted claims, ‘‘... and Fraud Election Pool members at 4 p.m. on Election exit polling has become very sophisticated and reliable, not only because pollsters have Facts Day showed Senator Kerry leading 51% to 48%. These percentages held the same in the embraced sound survey research techniques, An exit poll serves as a predictor of the data released at 7:30 p.m. that day. By the but because they have learned through expe- final vote results in an election. It is con- time Senator Kerry conceded the election on rience to make valid critical adjustment.’’ In ducted by interviewing voters about their Wednesday, November 3, the Edison/Mitofsky fact, prominent survey researchers, political vote selections as they are leaving the polls. poll numbers had been aligned with reported scientists and journalists ‘‘concur that exit The process for conducting reliable exit polls vote counts. For the first time the poll num- polls are by far the most reliable’’ polls. was largely created in 1967 by CBS News poll- bers showed an advantage for President Bush Unfortunately, throughout American his- ster and statistician, Warren Mitofsky, now with 51% to Senator Kerry’s 48%. tory various devices, schemes and legal known as ‘‘a world recognized expert in exit On December 3, 2004, Rep. Conyers re- structures have been used to shape the out- polling in particular and public opinion poll- quested the raw exit poll data from Mitofsky come of an election. Elections at every level ing in general.’’ Former Mexican President International. Mr. Mitofsky replied ‘‘The of government have been skewed by tactics Carlos Salinas credited Mr. Mitofsky’s work data are proprietary information gathered that deny voting rights, establish poll taxes, for contributing to the prevention of fraud and held for the benefit of those news organi- lose voter registrations, disqualify voters and an increase in credibility in the 1994 zations, and I am not at liberty to release and disqualify ballots to ensure a certain election in Mexico. them.’’ On December 21, 2004, as a follow-up, outcome. The Florida election in 2000 pro- The exit poll data taken on November 2, Rep. Conyers requested the data directly vides ample evidence that our system is rife 2004, was compiled by two well-respected from the news wire and television companies with election irregularites that have pro- firms—Mitofsky International and Edison that contracted with Mr. Mitofsky and Mr. found impacts on our election outcomes. Media Research. Joseph Lenski, who con- Elections are politically controlled, with Edison for the data. Though the Congress- ducted the exit polls for Edison Media Re- extreme pressures for certain outcomes. In man has not received a response to his let- search, trained in the field of exit polling our system, victory can become more impor- ter, Edie Emery, a spokesperson for the NEP under Mr. Mitofsky before starting his own tant than an accurate vote count. While poll- and a CNN employee, said the exit poll data firm. They conducted in 2004 exit polls under sters are privately hired based on their accu- was still being analyzed and that the NEP’s a contract from the National Election Pool racy and timely results, candidates and cam- board would decide how to release a full re- (NEP), a consortium of six news and media paigns are primarily concerned with win- port in early 2005. ‘‘To release any informa- organizations: the Associated Press, ABC, ning. When key election officials are also tion now would be incomplete,’’ she said. CNN, CBS, NBC, and Fox. key campaign officials, as was the case in Furthermore, Jack Stokes, a spokesperson In this year’s election, the National Elec- Florida in 2000 and in Ohio in 2004, the goal for the Associated Press said, ‘‘like Con- tion Pool conducted two types of exit polls: of providing an accurate vote tally gets into gressman Conyers, we believe the American 73,000 voters were interviewed in statewide the murky waters of winning the political people deserve answers. We want exit polling polls, and an additional 13,000 voters were contest. But pollsters lose their legitimacy, information to be made public as soon as it interviewed for a national poll. The national and thus future contracts, if they are not ac- is available, as we intended. At this time, poll’s sample size was approximately six curate. Thus, ‘‘ the systemic pressures on the data is still being evaluated for a final times larger than the sample normally used polling accuracy are much greater than they report to the National Election Pool.’’ in high quality pre-election national polls. are on vote count accuracy. This poll size would normally yield a very Analysis While pollsters use feedback and detailed small margin of error and would be very ac- Clearly something unusual is indicated by analysis to improve their results, are moti- curate. Furthermore, such a poll would nor- the differential between the exit poll infor- vated towards accuracy, and face market mally result in a close congruence between mation we have obtained and the final vote competition if they fail to provide thorough, exit poll and official results. The sample size tallies in Ohio. It is rare, if not unprece- accurate and timely exit poll results, ‘‘there for Ohio was 1,963 voters, which is quite large dented, for election results to swing so dra- is little competition, feedback and motiva- for statistical purposes and equivalent to the matically from the exit poll predictions to tion for accuracy in election processing.’’ 2,000 person norm for most national polls. In the official results. Kerry was predicted to Thus we do not dismiss these exit poll re- addition, this year’s poll numbers were de- win Ohio by a differential of 4.2 percentage sults, and their discrepancy with the official signed to account for absentee votes after a points. The official results showed Bush win- vote counts, as others might do. We believe large number of absentee votes contributed ning by 2.5 percentage points. The differen- they provide important evidence that some- to the inaccurate projections of the Florida tial between the prediction for Kerry and the thing was amiss in the Ohio election. race in 2000. This year, Mitofsky and Edison winning results for Bush represent a swing of Full, accurate and reliable statistical anal- began telephone surveys in key states before 6.7 percentage points. According to Univer- ysis cannot be completed until the raw data the election to screen for absentee voters sity of Professor Steven Free- from the exit polls is released. The limited and create an accurate estimate of their man, this ‘‘exit poll discrepancy could not available ‘‘uncalibrated’’ or raw data indi- votes. have been due to chance or random error.’’ cates the broad discrepancies that are dis- While exit pollsters caution against using Professor Freeman has further concluded cussed above. However, it appears that the their results to predict election results, exit that statistical analysis shows a probability National Election Pool data was ‘‘cali- polls can be extremely accurate, with only of 1 in 1,000 that the difference between Sen- brated’’ or corrected after the official results small variations from the official outcomes ator Kerry’s share of the exit poll projection were publicized. It may be standard practice in numerous elections. For example, in the and the official count of the vote would be as to recalibrate poll results to reflect the ac- three most recent national elections in Ger- much as the final 3.4% spread, a virtual im- tual outcome ‘‘on the assumption that the many, exit polls differed from the final offi- possibility. As a matter of fact, there are [official] count is correct, and that any dis- cial vote counts by an average of only 0.26%. broad statistical variations of up to 9 per- crepancies must have been due to imbal- Their results have proven to be very accu- centage points between exit poll data and of- anced representation in their samples or rate; correctly predicting the winner with no ficial results in Ohio and other key states in some other polling error.’’ Thus data that evidence of systematic skew of the data. the 2004 election. In state after state, Sen- was publicized on Election Day showing United States exit polls have also been pre- ator Kerry’s advantage in the exit poll re- these large discrepancies is no longer pub- cise. Brigham Young University students’ sults was lost by sizable margins. licly available; only the recalibrated num- exit poll results for Utah in this election in- The discrepancy between the exit polls and bers are available on the Internet. An inde- dicated 70.8% for Bush and 26.5% for Kerry. the official vote count must be due to an in- pendent, detailed analysis of the early exit The official results were 71.1 % for Bush accurate poll or an inaccurate vote. Either poll data is necessary to verify the actual and 26.4% for Kerry. there was unintentional error in the exit poll outcome of the vote in Ohio, and thus re- In the Ohio election for 2004, early exit or the official vote count, willful manipula- store complete legitimacy to this election. polls that were released just after noon on tion of the exit poll or the official vote In any event, the discrepancies that we are

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H100 CONGRESSIONAL RECORD — HOUSE January 6, 2005 able to identify place the entire Ohio elec- tion of results. Second, such recounts must voting officials might receive as part of the tion results under a cloud of uncertainty. begin within ten days of the recount request. recount process. At several times during his C. Post-Election Secretary of State Blackwell gave county interaction with Hocking County voting ma- 1. Confusion in Counting Provisional Ballots boards of election until December 1 to cer- chines, Mr. Barbian telephoned into Triad’s Facts tify their returns and then waited to another offices to obtain programming information five days, until December 6, to certify the re- relating to the machinery and the precinct Secretary Blackwell’s failure to issue sults. As a consequence, recounts could not in question. It is now known that Triad offi- standards for the counting of provisional bal- be sought until at least December 11, and cials have intervened in other counties in lots led to a chaotic and confusing result were required to begin by December 16. The Ohio—Greene and Monroe, and perhaps oth- such that each of Ohio’s 88 counties could Green/Libertarian recount began on Decem- ers. count legal ballots differently or not at all. ber 13, 2004. As a result, the recount was In fact, Mr. Barbian himself has admitted In turn, this fostered a situation where sub- pending when the Secretary of State sent to altering tabulating software in Hocking, sequent to the election, Cuyahoga County certificates to electors on December 7, and Lorain, Muskingum, Clark, Harrison and mandated that provisional ballots in yellow before the electoral college met on December Guernsey counties. Todd Rapp, President of packets must be ‘‘rejected’’ if there is no 13. Because it appeared the Secretary of Triad, also has confirmed that these sorts of ‘‘date of birth’’ on the packet. This ruling State had intentionally delayed certification changes are standard procedure for his com- was issued despite the fact that the original to ensure that the recount could not be com- pany. ‘‘Provisional Verification Procedure’’ from pleted by these time periods, 11 Members of First, during an interview, film maker Cuyahoga County stated, ‘‘Date of birth is Congress, including Rep. Conyers, wrote to Lynda Byrket asked Barbian, ‘‘you were just not mandatory and should not reject a provi- Gov. Taft asking that they delay or treat as trying to help them so that they wouldn’t sional ballot’’ and simply required that the provisional the December 13 meeting of the have to do a full recount of the county, to voter’s name, address and a signature match state’s presidential electors. try to avoid that?’’ Mr. Barbian answered, the signature in the county’s database. The The counties completed their recounts on ‘‘Right.’’ She further inquired: ‘‘did any of People for the American Way Foundation December 28, 2004, but due to a variety of your counties have to do a full recount?’’ Mr. sought a legal ruling ordering Secretary irregularities and alleged legal violations in Barbian replied, ‘‘Not that I’m aware of.’’ Blackwell and the county elections board to the recount, they remain embroiled in litiga- Second, it appears that Mr. Barbian’s ac- compare paper registration and electronic tion as of the date of this report. tivities were not the actions of a rogue com- registration records. People For the Amer- puter programmer but the official policy of Analysis ican Way further asked the Board to notify Triad. Rapp explained during a Hocking each voter whose ballot was invalidated and The scenario created by Secretary County Board of Elections meeting: how the invalidation could be challenged. Blackwell effectively precluded recounts ‘‘The purpose was to train people on how to Neither of these actions were taken. from being concluded prior to the December conduct their jobs and to help them identify In another case, while the state directed 13 meeting of electors. By setting the vote problems when they conducted the recount. counties to ensure voters had been registered tally deadline so late and then delaying the If they could not hand count the ballots cor- during the thirty days before the election, declaration of results—it took a full 34 days rectly, they would know what they needed to one college student who had been registered after the November 2 election for the results look for in that hand count.’’ since 2000 and was living away from home to be certified—Secretary of State Blackwell Barbian noted that he had ‘‘provided [other was denied a provisional ballot. insured that the time for completing re- counties] reports so they could review the in- Analysis counts, therefore, was pushed to after the formation on their own.’’ Mr. Blackwell’s failure to articulate clear date of the Electoral College meeting. As a As one observer asked, ‘‘Why do you feel it and consistent standards for the counting of result of this intentional course of conduct, was necessary to point out to a team count- provisional ballots likely resulted in the loss it appears that Mr. Blackwell has ensured ing ballots the number of overvotes and of several thousand votes in Cuyahoga Coun- that the controversies concerning the ap- undervotes when the purpose of the team is ty alone, and untold more statewide. This is pointment of electors could not be resolved to in fact locate those votes and judge because the lack of guidance and the ulti- by December 7, 2004, thereby causing Ohio to them?’’ mate narrow and arbitrary review standards lose the benefit of the electoral college safe Barbian’s response was, ‘‘... it’s just imposed in Cuyahoga County appear to have harbor so that there appointment of electors human error. The machine count is right significantly contributed to the fact that in is not necessarily binding on Congress. In ad- ... We’re trying to give them as much infor- Cuyahoga County, 8,099 out of 24,472 provi- dition, this diminishment of the recount law mation to help them out.’’ sional ballots, or approximately one third, may violate the voters’ right to equal pro- In addition, Douglas W. Jones, a computer were ruled invalid, the highest proportion in tection and due process, as well as under- election expert from the University of Iowa, the state. This number is twice as high as mine the entire import of Ohio’s recount reviewed the Eaton Affidavit and concluded the percentage of provisional ballots rejected law. that it described behavior that was dan- in 2000. 3. Triad GSI—Using a ‘‘Cheat Sheet’’ to gerous and unnecessary: These series of events constitute a possible Cheat the Voters in Hocking and Other ‘‘I have reviewed the Affidavit of Sherole violation of the Voting Rights Act, as not Counties L. Eaton (‘‘the Eaton Affidavit’’), the Deputy Director of the Hocking County Board of only were legitimate votes apparently Facts thrown out, they undoubtedly had a dis- Election, as well as the letter of Congress- Perhaps the most disturbing irregularity proportionate impact on minority voters, man John Conyers to Kevin Brock, Special that we have learned of in connection with concentrated in urban areas such as Cuya- Agent in Charge with the FBI in Cincinnati, the recount concerns the activities and oper- hoga County which had the highest shares of Ohio. In light of this information, and given ations of Triad GSI, a voting machine com- the state’s provisional ballots. The actions my expertise and research on voting tech- pany. On December 13, 2004, House Judiciary may also violate Ohio’s constitutional right nology issues and the integrity of ballot Committee Democratic-staff met with Ms. to vote. counting systems, it is my professional opin- Sherole Eaton, Deputy Director of Elections ion that the incident in Hocking County, 2. Justice Delayed is Justice Denied—Re- for Hocking County. She explained that on Ohio, threatens the overall integrity of the counts were Delayed Because of a Late Friday, December 10, 2004, Michael Barbian, recount of the presidential election in Ohio, Declaration of Results Jr., a representative of Triad GSI, unilater- and threatens the ability of the presidential Facts ally sought and obtained access to the voting candidates, their witnesses, and the counter- Ohio law requires the Secretary of State to machinery and records in Hocking County, plaintiffs in the above-captioned action, to provide county boards of elections with di- Ohio. properly analyze, inspect, and assess the bal- rectives governing voting procedures, voting Ms. Eaton witnessed Mr. Barbian modify lots and the related voting data from the machine testing, and vote tallying. Prior to the Hocking County computer vote tabulator 2004 presidential election in Ohio. It is my the election, Secretary Blackwell thus before the announcement of the Ohio re- understanding that 41 of Ohio’s 88 counties issued a directive providing that Ohio boards count. She further witnessed Barbian, upon use Triad voting machines. As a result, the of elections would have to complete their of- the announcement that the Hocking County incident in Hocking County could com- ficial canvasses by December 1, almost one precinct was planned to be the subject of the promise the statewide recount, and under- month after the date of the 2004 election. initial Ohio test recount, make further alter- mine the public’s trust in the credibility and The directive further states that ‘‘no recount ations based on his knowledge of that infor- accuracy of the recount.’’ may be held prior to the official canvass and mation. She also has firsthand knowledge We have received several additional re- certification of results,’’ so that county that Barbian advised election officials how ports of machine irregularities involving boards would have to wait until Secretary to manipulate voting machinery to ensure several other counties serviced by Triad, in- Blackwell decided to certify the results be- that a preliminary hand recount matched cluding a report that Triad was able to alter fore proceeding with recounts. the machine count. election software by remote access: Ohio law also sets deadlines for the con- According to the affidavit, the Triad offi- In Union County, the hard drive on the duct of recounts. First, applications for cial sought access to the voting machinery vote tabulation machine, a Triad machine, statewide recounts must be submitted within based on the apparent pretext that he want- had failed after the election and had been re- five days of the Secretary of State’s declara- ed to review some ‘‘legal questions’’ Ohio placed. The old hard drive was returned to

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD — HOUSE H101 the Union County Board of Elections in re- terially false, fictitious, or fraudulent under the machines. These apply to persons who sponse to a subpoena. the laws of the State in which the election is ‘‘tamper or attempt to tamper with . . . or The Directors of the Board of Elections in held.’’ Section 1974 requires the retention otherwise change or injure in any manner both Fulton and Henry County stated that and preservation of all voting records and any marking device, automatic tabulating the Triad company had reprogrammed the papers for a period of 22 months from the equipment or any appurtenances or acces- computer by remote dial-up to count only date of a federal election and makes it a fel- sories thereof;’’ ‘‘destroy any property used the presidential votes prior to the start of ony for any person to ‘‘willfully steal, de- in the conduct of elections;’’ ‘‘unlawfully de- the recount. stroy, conceal, mutilate, or alter’’ any such stroy or attempt to destroy the ballots, or In Monroe County, the 3% hand-count record. permit such ballots or a ballot box or failed to match the machine count twice. Ohio law further prohibits election ma- pollbook used at an election to be destroyed; Subsequent runs on that machine did not chinery from being serviced, modified, or al- or destroy [or] falsify;’’ and ‘‘willfully and match each other nor the hand count. The tered in any way subsequent to an election, with fraudulent intent make any mark or al- Monroe County Board of Elections sum- unless it is so done in the presence of the full teration on any ballot.’’ moned a repairman from Triad to bring a board of elections and other observers. Any It is noteworthy that the companies impli- new machine and the recount was suspended handling of ballots for a subsequent recount cated in the misconduct outlined above, and reconvened for the following day. On the must be done in the presence of the entire Triad and its affiliates, are the leading sup- following day, a new machine was present at Board and any qualified witnesses. This pliers of voting machines involved in the the Board of Elections office and the old ma- would seem to operate as a de facto bar counting of paper ballots and punch cards in chine was gone. The Board conducted a test against altering voting machines by remote the critical states of Ohio and Florida. Triad run followed by the 3% hand-counted ballots. access. Containers in which ballots are kept is controlled by the Rapp family, and its The results matched this time and the Board may not be opened before all of the required founder Brett A. Rapp has been a consistent conducted the remainder of the recount by participants in are attendance. It is critical contributor to Republican causes. In addi- machine. to note that the fact that these ‘‘ballots’’ tion, a Triad affiliate, Psephos Corporation, In Harrison County, a representative of the were not papers in a box is of no consequence supplied the notorious butterfly ballot used Triad company reprogrammed and retested in the inquiry as to whether state and fed- in Palm Beach County, Florida, in the 2000 the tabulator machine and software prior to eral laws were violated by Barbian’s conduct: presidential election. Ohio Revised Code defines a ballot as ‘‘the the start of the recount. The Harrison Coun- 4. Greene County—Long Waits, the Unlocked official election presentation of offices and ty tabulating computer is connected to a Lockdown and Discarded Ballots second computer which is linked to the Sec- candidates . . . and the means by which We have received information indicating retary of State’s Office in Columbus. The votes are recorded.’’ Ohio Rev. Code § 3506.01 negligence and potential tampering with Triad technician handled all ballots during (B) (West 2004). Therefore, for purposes of Greene County ballots and voting machines. the machine recount and performed all tab- Ohio law, electronic records stored in the On December 9, election observers inter- ulation functions. The Harrison County Board’s computer are to be considered ‘‘bal- viewed the County Director of Elections, Board of Elections kept voted ballots and un- lots.’’ Triad’s interference with the com- Carole Garman, and found substantial dis- used ballots in a room open to direct public puters and their software would seem to vio- crepancies in the number of voting machines access during daytime hours when the court- late these requirements. per voter in low-income areas as compared to house is open. The Board had placed voted Further, any modification of the election other areas. Apparently, some consolidated ballots in unsealed transfer cases stored in machinery may only be done after full notice precincts had almost the state imposed limit an old wooden cabinet that, at one point, was to the Secretary of State. Ohio Code and re- of 1,400 registered voters and others had only said to be lockable and, at another point, lated regulations require that after the state a few hundred voters. One of the precincts was said to be unlockable. certifies a voting system, changes that affect disproportionately affected included Central On December 15, 2004, Rep. Conyers for- ‘‘(a) the method of recording voter intent; (b) State University and Wilbur Force Univer- warded information concerning the irreg- voter privacy; (c) retention of the vote; or sity, both historically black universities. ularities alleged in the Eaton Affidavit to the (d) communication of voting records, The next day, the observers returned to the FBI and local prosecutors in Ohio. He must be done only after full notice to the that office and requested voter signature has not received a response to that letter. On Secretary of State. We are not aware that books for copying. Ms. Garman granted such December 22, 2004, Rep. Conyers forwarded a any such notice was given to the Secretary. access. After leaving the office for three series of questions concerning this course of Finally, Secretary Blackwell’s own direc- hours, the observers returned and had been events to the President of Triad GSI and to tive, coupled with Ohio Revised Code advised that, under Ohio law, they were enti- Mr. Barbian. Counsel for Triad GSI has indi- § 3505.32, prohibits any handling of these bal- tled to copies of the precinct books for a cated that a response would be forthcoming lots without bipartisan witnesses present. nominal fee, and requested such copies from later this week or shortly thereafter. That section of the code provides that during a period of official canvassing, all inter- Garman. Garman did not concur with that Analysis action with ballots must be ‘‘in the presence view of Ohio law and telephoned the office of Based on the above, including actual ad- of all of the members of the board and any Secretary Blackwell, eventually reaching missions and statements by Triad employ- other persons who are entitled to witness the Pat Wolfe, the Election Administrator for ees, it strongly appears that Triad and its official canvass.’’ The Ohio Secretary of the Secretary of State. Garman then advised employees engaged in a course of behavior to State issued orders that election officials are the observers that, per Blackwell, all voter provide ‘‘cheat sheets’’ to those counting the to treat all election materials as if the State records for the State of Ohio were ‘‘locked ballots. The cheat sheets told them how were in a period of canvassing, and that, down’’ and they now were ‘‘not considered many votes they should find for each can- ‘‘teams of one Democrat and one Republican public records.’’ Garman subsequently phys- didate, and how many over and under votes must be present with ballots at all times of ically removed the books from one observer’s they should calculate to match the machine processing.’’ hands’’ After attempting to persuade count. In that way, they could avoid doing a Triad has sought to respond to these Garman to reverse this decision to no avail, full county-wide hand recount mandated by charges by arguing that Ohio law requires a the observers departed the office. state law. If true, this would frustrate the Board of Elections to prevent the counting The observers returned the following day, entire purpose of the recount law—to ran- or tabulation of other races during a recount a Saturday, at 10:15 am. While a number of domly ascertain if the vote counting appa- and limit these activities to those offices or cars were parked in the parking lot and the ratus is operating fairly and effectively, and issues for which a formal recount request has door to the office was unlocked, and there if not to conduct a full hand recount. By en- been filed. However, this requirement does was no one in the office. One light was on in suring that election boards are in a position not supercede the above requirements that the office that had not been on the previous to conform their test recount results with election machinery only be serviced or oth- night after the office was closed. In the of- the election night results, Triad’s actions erwise altered in the presence of the full fice, unsecured, were the poll books that had may well have prevented scores of counties elections board and observers. There are at been taken from then observers the day be- from conducting a full and fair recount in least two ways this recount process could fore. There were also voting booths, ballot compliance with equal protection, due proc- have been conducted legally. First, recoun- boxes apparently containing votes, and vot- ess, and the first amendment. ters could have been given the full ballot and ing equipment, also unsecured. Shortly after In addition, the course of conduct outlined been simply instructed not to count the the observers had left the office, a police of- above would appear to violate numerous pro- other races recorded. Second, the service ficer arrived and later elections officials and visions of federal and state law. As noted company employees could have waited to members of the media. The officials were un- above, 42 U.S.C. § 1973 provides for criminal alter the software program until the official able to offer any explanation for the unse- penalties for any person who, in any election recount began in the presence of the board cure office, other than negligence, and said for federal office, ‘‘knowingly and willfully and qualifying witnesses. Neither of these they would ask a technician (from the Triad deprives, defrauds, or attempts to defraud scenarios occurred in the present case. company) to check out the machines on the residents of a State of a fair and impar- In addition to these provisions imposing Monday. tially conducted election process, by . . . the duties on the Board of Elections, there are A number of other substantial irregular- procurement, casting, or tabulation of bal- numerous criminal penalties that can be in- ities in Greene County have come to our at- lots that are known by the person to be ma- curred by those who actually tampered with tention that were uncovered after the office

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H102 CONGRESSIONAL RECORD — HOUSE January 6, 2005 was discovered to be unsecure. In the short quires that ballots, pollbooks, poll lists, only eight percent of precincts available to period of time that observers were given to tally sheets and voting machines be kept be selected. In addition, witnesses observed examine voting records, ballots were not tamper-proof and under seal. Ballots are to that the ballots were not in a random order, counted for apparently erroneous reasons. In be held secure until a recount is properly and that they had been previously sorted. As a number of cases, Greene County officials conducted in front of witnesses, and ballots the ballots were fed into the counting ma- rejected ballots because the secrecy envelope may not be handled by anyone except the chines, there were long runs of votes for only for the ballot appeared to indicate that the board and its employees. Failure of these du- one candidate and then long runs for an- voter had voted in the wrong precinct, not- ties by board members and their employees, other, which seemed statistically improb- withstanding the fact that a notation was is a felony, as ‘‘No member, director or em- able. made—apparently by an election worker—in- ployee of a board of elections shall willfully The total number of votes cast in Morrow dicating the vote should count. The records or negligently violate or neglect to perform County was 16,694. Three percent of this appeared to indicate that, in some cases, vot- any duty imposed upon him by law, or will- would be 501. The Morrow County Board of ers were sent to the wrong precinct by elec- fully perform or neglect to perform it in such Elections selected the Harmony Township tion workers and, in others, were given the a way as to hinder the objects of the law.’’ precinct for the initial hand count because it wrong precinct’s envelope for the ballot be- Again, it requires that the offender be dis- had 517 ballots cast. When observers com- cause election workers had run out of enve- missed, and again, it appears that those ac- plained this was not random, the Board re- lopes for the correct precinct. tions have not been taken in Greene County. sponded that it had the right to select the These records also appeared to indicate It is important to note that this statute does precinct. During this discussion, an election that some voters were purged from the vot- not require any intent of wrongdoing—sim- official with the Board called the Secretary ing rolls on the basis that they failed to vote ple negligence is enough to invoke the stat- of State’s office and reported that the Sec- in the previous election, while other voters ute and there is no explanation as to why it retary of State’s office stated that the Board who had not voted in several elections had has not been enforced. was correct. not been purged. On October 26, Secretary Third, Greene County’s operation seems to The Hocking County Board of Elections Blackwell issued a directive and provided it have several Constitutional problems, both met and Rod Hedges, a Republican Board to Greene County officials regarding the federally and at the state level. The selective member, stated that he believed the Board ‘‘pre-challenging’’ process, where a voter’s use of challenges and purges invokes the should select a precinct that was not heavily eligibility is challenged prior to the election, Equal Protection clause. We were unable to in favor of George W. Bush or John F. Kerry. and sent an attached list of voters who were confirm any legitimate reason why some The Board decided to consider only the pre- to be pre-challenged in Greene County, to voters were challenged and then purged, and cincts where the vote totals for Bush and the Board of Elections. Notice was sent by others were not. There are also Due Process Kerry were similar. An observer objected the Board to these voters on the Friday be- concerns as those to be purged were not that this was not a random selection, but to fore the election by registered mail, and was given sufficient notice to meaningfully par- no avail. likely not received until Monday, advising ticipate in their scheduled hearings. And fi- Election officials in Medina County were such voters of their right to be present at a nally, these actions violate Ohio’s own con- aware of several ‘‘problem’’ districts, but in- Monday hearing, where the voter’s eligibility stitution that guarantees the right to vote. stead chose to perform the manual 3% test would be decided. 5. OTHER RECOUNT IRREGULARITIES recount on two precincts that had been part Other irregularities appear in the official We learned of numerous additional trou- of a school levy recount the previous Mon- ballot counting charts prepared by election bling recount irregularities in the course of day. That meant that those ballots had been officials, including a number of precincts our investigation. The groundwork for these taken out of the standard ‘‘double lock’’ sit- where the number of voters do not match the problems was laid when the Secretary of uation and had been handled several times number of votes cast despite the fact that State failed to issue specific standards for since that Monday. the charts indicate that those numbers the recount. In essence, Mr. Blackwell’s di- The Board of Elections in Vinton County ‘‘must match.’’ rective on recount procedures permitted selected a precinct 3% manual recount test We have also obtained evidence indicating each county board of election to determine simply because its vote total was closest to that eligible voters did not have their ballots its own recount rules. Mr. Blackwell failed 3% of the total votes cast in the county. counted for invalid reasons. For example, an to issue such standards, notwithstanding the The Summit County Board of Elections se- overseas military ballot was not counted be- fact that election officials themselves had lected precincts randomly with the Director cause it was a photocopy rather than the offered contrasting election recount proce- and Deputy Director of the Board of Elec- original ballot; an 85 year old voter did not dures, including some counties who sought tions and two other Board employees have his absentee vote counted because it did to unilaterally oppose doing any recount present, both of whom were IT specialists for not have a stub attached; a disabled voter whatsoever. the Board so that they could compute the who indicated she marked her ballot with Some of the serious recount irregularities three percent. The Board shuffled 475 pre- the assistance of election workers did not that we learned of in connection with our in- cinct cards and then chose randomly from have her absentee vote counted because no vestigation include the following: the pile. The Summit County Board of Elec- stub was attached; an absentee voter with a tions conducted this selection without any a. Irregularities in Selecting the Initial 3% properly postmarked ballot did not have his recount witnesses present. Hand Count—Many County Boards of Elec- vote counted because it was received ‘‘too tions Did Not Randomly Select the Pre- b. Irregularities in Applying the Full Hand- late,’’ but before the initial certification of cinct Samples Count Requirement—Counties Not Con- results; and provisional ballots that were not In the course of our investigation we ducting Full Hand Count After 3% Hand counted because an election official forgot to and Machine Counts Did Not Match sign as a witness when the ballot was cast. learned: Mr. Keith Cunningham, Director of the In the course of our investigation we Substantial numbers of provisional ballots Allen County Board of Elections, explained learned: appear to have been rejected because voters that it would take considerably longer to In Monroe County, the 3% hand-count were purged in the last two years. carry out the recount if there were a random failed to match the machine count twice. Analysis selection process employed. Instead, the Subsequent runs on that machine matched Numerous Ohio laws appear to have been Board pre-selected four precincts, totaling neither each other nor the hand count. The broken in Greene County. First it is a mis- slightly more than the required three per- Monroe County Board of Elections sum- demeanor to deny the public access to elec- cent, for the recount. Democratic and Green moned a repairman from Triad to bring a tion records. Ohio law clearly states that Party witnesses raised objections but to no new machine and the recount was suspended ‘‘No director of elections, deputy director of avail. and reconvened for the following day. On the elections, or employee of the board of elec- The Clermont County Board of Elections following day, a new machine was present at tions designated by the director or deputy selected the 3% precinct samples by choosing the Board of Elections office and the old ma- direct shall knowingly prevent or prohibit the thirteen precincts with lowest number of chine was gone. The Board conducted a test any person from inspecting, under reason- voters plus the next number of precincts deck run followed by the 3% hand-counted able regulations established and posted by that reached the total of 3% of the total ballots. The results matched this time and the board of elections, the public records votes cast in that county. This selection the Board conducted the remainder of the re- filed in the office of the board of elections.’’ process eliminated larger and more diversi- count by machine. Not only is this a crime, but grounds for dis- fied precincts. The staff of the Board admit- In Fairfield County, the hand recount of missal from election duties—required wheth- ted that small precincts were chosen because the 3% test sample did not match the ma- er the offender is an official or an employee. fewer problems would be encountered in chine count, even after two attempts. The It does not appear that anyone has been smaller precincts. A witness objected to this Board suspended the recount and stated that prosecuted, and no one has been dismissed as selection process, but to no avail. Secretary Blackwell recommended that the required by statute. The Cuyahoga County Board of Elections recount should begin again ‘‘from scratch.’’ Second, the complete lack of security on decided to choose only precincts with 550 The Green recount observers were then told Friday night violates any number of Ohio votes or more and from a cross-section of that it was 4:00 PM, the building was closed, laws requiring that ballots and machinery be areas—one East side, one West side, one af- and all had to leave. The Republican recount kept absolutely secure. Section 3505.31 re- fluent, one non-affluent. This criterion left observers, however, were allowed to stay in a

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD — HOUSE H103 conference room for an additional ten min- counting teams. In some instances, they recount law. Those counties which did not utes or so for a private discussion. When the were expected to ‘‘observe’’ from up to 20 randomly select the precinct samples ap- Board reconvened a few days later, it an- feet away, which prevented them from being pears to violate the Secretary of State’s di- nounced that it would be conducting a ma- able to actually observe recount. rective on this point. Those counties which chine count of the county’s votes. When a In Huron County, the punchcard tabulator did not conduct a full hand count after the Green Party observer objected, she was told test was observed only by Republican wit- 3% hand and machine counts did not match by the Board that she was not allowed to nesses. This test was conducted the day be- is inconsistent with Ohio’s statutory right to speak. fore the Green Party witness was invited to have inconsistent results rechecked. Those c. Irregularities in the Treatment of Bal- observe the recount. counties that allowed for irregular marking lots—Some Counties Marking Ballots and In Putnam County, Board of Elections offi- of ballots and which failed to secure and Some Counties Not Securely Storing Bal- cials told observers that their Board would store ballots and machinery appear to have lots meet on December 15th to decide the start violated provisions of Ohio law mandating that candidates have the right to ensure that In the course of our investigation we date. When the observer called back on the ballots are secure between the election and learned: 15th, she was told the recount had already the official recount, that ballots may not be In Washington County, the Board of Elec- taken place. handled by anyone besides Board members tions had, in the first count, excluded ballots In Allen County, observers were not al- and their staff, and may not be handled out- which included no votes and overvotes. Dur- lowed to examine provisional ballots and ab- side of the presence of the Board and quali- ing the recount, the Board altered many sentee ballots during the recount. The Board fying witnesses. Finally, those counties such ballots to make them work. An ob- told them that they must make an appoint- which prevented witnesses for candidates server protested this practice. An election ment at a later time working around the from observing the various aspects of the re- official pulled a black marker from his right Board’s schedule. The Board further stated count appear to have violated provisions of pocket near the beginning of the recount and that only the specific person who cast such a Ohio law providing that candidates have the stated that he was the mark-up man. He pro- ballot is allowed to inquire whether his or right to observe all ballots. ceeded to do all of the marking of the bal- her vote was counted. lots. Another election official assisted with In Holmes County, observers asked to see RECOMMENDATIONS the ‘‘band-aids’’. The observer noted that all the spoiled ballot pile, comprised of five bal- A. Electoral College Challenge the re-marking and band-aiding of ballots lots, but the Board denied access, stating We believe there are ample grounds for did reflect the will of the voter, with one ex- that they were in a sealed envelope that challenging the electors from Ohio as being ception. In the precinct Belpre 4A, a voter could not be opened. unlawfully appointed. had both marked the oval and put an X In Licking County, the Board denied ob- We say this for several reasons. First, through it for presidential candidate Michael servers access to view provisional and absen- there is considerable doubt that all con- Peroutka and had marked the oval for Bush. tee ballots. troversies regarding the appointment of the The election official put a band-aid over the In Mahoning County, the Board denied ob- electors were lawfully resolved six days prior Peroutka vote and put his own X on the servers access to view rejected absentee bal- to the meeting of the electors (on December Bush vote. The observer objected that it lots. 7) in order for the state’s electors to be bind- In Medina County, the Board denied ob- should be counted as an overvote. The Board ing on Congress as required by 3 U.S.C. Sec. servers access to view provisional ballot tal- ruled that the vote should count for Bush. 5. This is because, among other things, the In Lucas County, an observer witnessed the lies, provisional ballots, and the actual ma- Secretary of State appears to have inten- physical alteration of three ballots for the chines and ballot booklets used. tionally delayed the initial certification of apparent reason of ensuring that the vote In Morgan County, 30 of 160 provisional and the electors until December 6, making it im- count produced by the optical scan machine absentee ballots were not counted, and the possible for the recount (of which he was would match the 3% hand count. At least one Board denied observers access to view these fully aware) to be completed by December 7, of the election officials stated that she did ballots. The Board stated that these ballots let alone the December 13 meeting of the not want the hand count and machine count were locked away and would be destroyed 60 electors. Second, there are numerous irrefutable in- to be different because they did not want to days after the election. stances where Ohio election law has been do a complete hand count. The Board made In Stark County, the Board denied an ob- violated by the Secretary of State and others the alterations to the ballot after deter- server request to view the provisional bal- such that the election cannot be said to com- mining the intent of the voters. Following a lots. ply with Ohio law, and the electors cannot be lunch break during the recount, the Board In Warren County, the Board denied an ob- considered lawfully certified under state law kept recount observers waiting while a tech- server request to view provisional and absen- within the meaning of 3 U.S.C. Sec. 15. These nician from the Diebold company repro- tee ballots. The observer has requested that violations of law are highlighted throughout grammed the machine. the Board have this decision reviewed by the this Report. In Ashland County, ballots cast in the county prosecutor and the Board is now awaiting the county prosecutor’s decision. The failure to provide adequate voting ma- presidential election were stored by precinct chinery would appear to violate both Ohio’s Analysis in open cubicles along one wall in the em- Constitution, that provides all eligible ployee lunchroom/meeting room, completely The Secretary of State’s failure to issue adults the right to vote, and the Ohio Re- open and visible to anyone who enters the specific standards for the recount was a vised Code which requires the Boards of Elec- room. Piled on top of the cubicles were bags major problem. It appears to have contrib- tions to provide ‘‘for each precinct a polling of Doritos, mugs, cleaning products, Glad uted to a lack of uniformity that may very place and provide adequate facilities at each Wrap and other miscellaneous items. Board well violate both the Due Process Clause and polling place for conducting the election.’’ of Election officials said the room was kept the Equal Protection Clause of the Constitu- Secretary of State Blackwell’s failure to ini- locked, except when used. tion. As the U.S. Supreme Court held in 2000, tiate any investigation into this pivotal ir- In Coshocton County, the Board stored ‘‘Having once granted the right to vote on regularity notwithstanding his statutory voted ballots mixed with blank, unused bal- equal terms, the State may not, by later ar- duty to do so under Ohio Revised Code Sec. lots in partially-opened boxes, unsealed at bitrary and disparate treatment, value one 3501.05, represents another likely violation of the time of observation and apparently never person’s vote over that of another.’’ As the Ohio law. sealed after the election. While ballots were Court articulated in that case, ‘‘It is obvious The ‘‘caging’’ tactics targeting 35,000 new stored in a locked room, all Board employees that the recount cannot be conducted in voters by the Ohio Republican Party for had keys to the room. compliance with the requirements of equal preelection legal challenge were found by In Belmont County, the Deputy Director of protection and due process without substan- three federal courts to be illegal as being po- Elections stated that her county had hired tial additional work. It would require not litically and racially charged, and burdening an independent programmer (‘‘at great ex- only the adoption (after opportunity for ar- the fundamental right to vote. The tactic pense’’) to reprogram the counting machines gument) of adequate statewide standards for would also appear to violate Ohioans’ right so that they would only count votes for determining what is a legal vote, and prac- to vote under the Ohio Constitution. President during the recount. ticable procedures to implement them, but Mr. Blackwell’s decision to prevent news In Portage County, all ballot boxes were also orderly judicial review of any disputed media and exit polls from interviewing Ohio locked and reopened, locked and re-opened matters that might arise.’’ It may also have citizens after they voted was found by a fed- again—always in plain sight—and trans- violated Ohio state law which charges the eral court of appeals to have violated the ported methodically from the visual inspec- secretary of state with ‘‘[issuing] instruc- First Amendment’s guarantee that state tion area to the tabulator room. tions by directives and advisories to mem- conduct shall not abridge ‘‘freedom . . . of d. Irregularities in the Treatment of Wit- bers of the boards [of elections] as to the the press’’. His decision also likely violated nesses at the Recount and their Access to proper methods of conducting elections’’ and Ohio’s Constitution that provides: ‘‘Every Ballots ‘‘[preparing] rules and instructions for the citizen may freely speak, write, and publish In the course of our investigation we conduct of elections.’’ his sentiments on all subjects, being respon- learned: In terms of the specific irregularities, they sible for the abuse of the right; and no law In Summit County, recount witnesses were would seem to be inconsistent if not in out- shall be passed to restrain or abridge the lib- threatened with expulsion if they spoke to right violation of several aspects of Ohio’s erty of speech, or of the press.’’

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H104 CONGRESSIONAL RECORD — HOUSE January 6, 2005 Mr. Blackwell’s decision to prevent those State has done everything in his power to tional standards would promote the guaran- voters who requested absentee ballots, but avoid accounting for such violations, and it teed right to vote and would ensure that did not receive them on a timely basis from is incumbent on Congress to protect the in- every vote counts. being able to vote, was found by a federal tegrity of its own laws by recognizing the se- Restrictions on the use of government- court to violate HAVA. This restrictive di- riousness of these legal violations. granted power for political or personal gain. rective also likely violated Article 5, Section B. Need for Further Congressional Hearings Congress should investigate the need for re- 1 of the Ohio Constitution, granting every stricting the ability of state contractors and It is also clear the U.S. Congress needs to Ohio citizen the right to vote if he or she is public officials involved in the administra- conduct additional and more vigorous hear- otherwise qualified. tion of elections to participate in campaign ings into the irregularities in the Ohio presi- Numerous incidents of voter intimidation activities. and misinformation engaged in Ohio on elec- dential election and around the country. C. Legislation tion day likely violate the Voting Rights While we have conducted our own Demo- Act, the Civil Rights Act of 1968, and the cratic hearings and investigation, we have Our investigation has made it abundantly Ohio right to vote. Mr. Blackwell’s apparent been handicapped by the fact that key par- clear that Congress and the States must re- failure to institute a single investigation ticipants in the election, such as Secretary form the election laws to address the many into these acts likely represents a violation of State Blackwell, have refused to cooper- inequities that have come to light. At the of his statutory duty to investigate election ate in our hearings or respond to Mr. Con- very least, we must— misconduct. yers questions. While GAO officials are pre- Develop a fair and uniform system of proc- The voting computer company Triad has pared to move forward with a wide ranging essing provisional ballots, including training essentially admitted that it engaged in a analysis of systemic problems in the 2004 of poll workers and counting votes. course of behavior during the recount in nu- elections, they are not planning to conduct Ensure that every voting machine has a merous counties to provide ‘‘cheat sheets’’ to the kind of specific investigation needed to verifiable audit trail, guidelines for which those counting the ballots. By insuring that get to the bottom of the range of problems could be established by the Election Assist- election boards were in a position to conform evident in Ohio. As a result, it appears that ance Commission. their test recount results with the election the only means of obtaining his cooperation Consider an Amendment to the Constitu- night results, Triad’s actions may well have in any congressional investigation is under tion of the United States to reaffirm the prevented scores of counties from conducting the threat of subpoena, which only the Ma- right to vote. a full and fair recount. Triad’s action ap- jority may require. Facilitate voter turnout through the es- pears to violate Ohio law prohibiting elec- Given the seriousness of the irregularities tablishment of a national election day holi- tion machinery from being serviced, modi- we have uncovered, and the importance of day, the expansion of early voting, and the fied, or altered in any way subsequent to an the federal elections, we recommend that the re-enfranchisement of former felons. election, unless it is done so in the presence House and Senate form a joint, select com- Ensure full enforcement by the Justice De- of the full board of elections and other ob- mittee to investigate the full gamut of irreg- partment of anti-voter intimidation laws, in- servers. ularities across the board. cluding prohibitions on voter suppression Numerous Ohio laws appear to have been Among the issues which require further at- and caging. broken in Greene County, where after ini- tention at Congressional hearings are the Establish national standards for voter reg- tially being granted access to poll books to following: istration, polling place opening hours, and conduct an audit, election observers had this The misallocation of voting machines. ballot recounts. access abruptly revoked under the orders of Congress should examine the extent to which Establish an explicit private right of ac- Secretary Blackwell, and arbitrary and ca- the lack of machines in certain areas led to tion for voter rights in the Help America pricious practices and counting procedures unprecedented long lines that disenfran- Vote Act. that disenfranchised hundreds of voters were chised predominantly minority and Demo- Ensure that state and local election offi- identified. These practices violate Ohio law cratic voters. cials involved in the administration of elec- requirements preventing the denial of public The decisions to restrict provisional bal- tions do not use their offices for political access to election records; requiring that lots to actual precincts and to deny them to gain. ballots and machinery be kept absolutely se- voters who did not receive absentee ballots. Ensure enough accessible voting machines cure; and protecting the right to vote. Congress should examine the extent to which and poll workers are available at all pre- The Secretary of State’s failure to issue the decisions departed from past Ohio law on cincts such that waiting times are reason- specific standards appears inconsistent with provisional ballots, how many voters were able, including in lower-income and minority Ohio state law which charges the secretary impacted, and whether a broader construc- communities. of state with ‘‘[issuing] instructions by di- tion would have led to any significant dis- Consistent with the First Amendment, re- rectives and advisories to members of the ruption at polling places. strict state contractors from participating in boards [of elections] as to the proper meth- The use of partisan, pre-election ‘‘caging’’ campaign activities. ods of conducting elections’’ and ‘‘[pre- tactics. Congress should examine to what ex- Develop and fund public campaigns to edu- paring] rules and instructions for the con- tent caging is used and to what degree mi- cate voters on voting rights, anti-voter in- duct of elections.’’ nority voters were targeted for intimidation timidation laws, etc. There were numerous specific irregular- and suppression. Fully fund the Help America Vote Act. ities in the recount that are inconsistent The use of voter suppression and intimida- Clarify that provisional ballots are avail- with several aspects of Ohio’s recount law. tion tactics. Congress should investigate re- able to all citizens who request them, as long Those counties which did not randomly se- ports of intimidation and misinformation in as they are in the appropriate County. lect the precinct samples violated the Sec- violation of the Voting Rights Act, the Civil We recommend that House and Senate retary of State’s directive on this point. Rights Act of 1968, Equal Protection, Due Members join together in reforming these Those counties which did not conduct a full Process and the Ohio right to vote. laws and preserving our democracy. hand court after the 3% hand and machine The use of partisan challengers. Congress Mr. Speaker, I yield to the gentleman counts violated Ohio’s statutory right to should examine whether the use of such chal- from Missouri (Mr. CLAY) for the pur- have inconsistent results rechecked. Those lengers is disruptive and intimidating to vot- counties which allowed for irregular mark- ers. Further, Congress should investigate pose of making a unanimous consent ing of ballots and which failed to secure and whether the precinct judges, which are re- request. store ballots and machinery appear to have quired by law, are sufficient to regulate vot- (Mr. CLAY asked and was given per- violated provisions of Ohio law mandating ing practices. mission to revise and extend his re- that candidates have the right to ensure that Voter purging and other registration er- marks.) ballots are secure between the election and rors. Congress should look at what methods Mr. CLAY. Mr. Speaker, I thank the the official recount, that ballots may not be of voter purging are used and whether they gentleman from Michigan for yielding. handled by anyone besides Board members target minority groups. Honorable colleagues, the numerous irreg- and their staff, and may not be handled out- The prevalence of undervotes, in which bal- side of the presence of the Board and quali- lots are cast but lack votes for president. ularities that occurred with the electronic vot- fying witnesses. Finally, those counties Congress should further investigate whether ing machines in Ohio on November 2 of last which prevented witnesses for candidates undervotes are principally caused by punch- year point to an unresolved national crisis: from observing the various aspects of the re- cards and what reforms can be made to pre- The lack of a unified standard for all voters count violated provisions of Ohio law pro- vent them. and all ballots cast in a Federal election. Con- viding that candidates have the right to ob- The need for greater accountability in bal- gress must establish this standard, with a serve all ballots. lot counting. Congress should examine verifiable paper or audit trail. It is the only way Whether the cumulative effect of these whether an audit capability for voting ma- to ensure the integrity of the Federal election legal violations would have altered the ac- chines would enhance the ability to verify tual outcome is not known at this time. voter choices. process. However, we do know that there are many The lack of national standards for issuing Reports of voter intimidation, inadequate serious and intentional violations which vio- provisional ballots and conducting recounts. and malfunctioning voting machines, incom- late Ohio’s own law, that the Secretary of Congress should examine areas in which na- petent election judges, and lines at polling

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 9920 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD — HOUSE H105 places in urban areas that lasted for many Most of all we are here because not a fear in a democracy is the voters. I hope that hours were widespread. single election official in Ohio has today we have a fair debate and 4 years from These irregularities were compounded by given us any explanation for the mas- now, we have an election all our citizens can the irresponsible conduct of the allegedly unbi- sive and widespread irregularity in the be proud of. ased top election official who openly became State. No explanation for the machines Mr. Speaker, I am proud to yield the a partisan advocate for his party’s Presidential in Mahoning County that recorded balance of my time to the distin- nominee. Kerry votes for Bush. No explanation guished gentleman from Vermont (Mr. The Ohio Secretary of State has refused to of improper purging in Cuyahoga Coun- SANDERS). assist us in the search for the truth. He has ty. No explanation for the lockdown in Mr. SANDERS. Mr. Speaker, I thank shown no interest in determining whether the Warren County. No explanation for the the distinguished gentleman from glitches were the result of mistakes, neg- 99 percent turnout in Miami County. Michigan for yielding. ligence, or intentional misconduct. No explanation for machine tampering I agree with JOHN KERRY. I think Numerous voters have reported that when in Hocking County. George W. Bush won Ohio. But I agree they attempted to cast a vote for Kerry-Ed- Read on our Web page 101 pages of with millions of American citizens that wards, the electronic voting machine reg- great staff work that takes this out of no American should have to wait 4 istered the vote as a ballot for Bush-Cheney. semantics, of partisanship; and I appeal hours to cast a vote. I agree with tens While it is difficult to quantify the number of to every Member of this body to sus- of millions of Americans who are very votes that were altered or affected by the tain this objection. worried that when they cast a ballot on irregularities that have been reported, a single We are here today, not as partisans for one an electronic voting machine that vote not counted, as it was intended . . . is a Presidential candidate or another, but because there is no paper trail to record that discredit to our democracy. I am not sug- we want to do our duty under the Constitution vote in the event of a recount. gesting that these irregularities changed the to protect our democracy. What today is about is to demand outcome of the election. But I am insisting that We are here because of the inner city voter that the Federal Government begin to we act to ensure that the sacred right of every in Franklin County, who waited 10 hours in the move forward, to guarantee that every voter, to have his or her vote counted, as the pouring rain, while suburban voters in the voter in America feels secure and con- voter intended, is protected by adopting a uni- same county had no wait because election of- fident that all of the votes cast in this form Federal standard. ficials decided to reallocate voting machines country are counted accurately and In order to protect the voting rights of the from Columbus to the suburbs. that all of our voters are treated with citizens of Ohio, and to be true to the oath We are here because of the Hispanic voter respect and dignity. That is what de- that we all swore to earlier this week, it is our in Hamilton County who was directed to the mocracy is about and that is what we responsibility as Members of Congress to re- wrong voting table, and had their ballot thrown are fighting for. view the serious irregularities that occurred in out because of a decision by the Secretary of b 1345 Ohio to ensure that this significant disenfran- State to throw out ballots cast at the right poll- ing place but the wrong precinct. Mr. BLUNT. Mr. Speaker, I rise to chisement of voters never happens again. It is address the House for 5 minutes. imperative that we give voters complete con- We are here because of the elderly voter in Lucas County who requested an absentee bal- The SPEAKER. The gentleman from fidence that their votes will be accurately Missouri is recognized for 5 minutes. lot that never showed up and was refused a counted by reforming our election laws to ad- Mr. BLUNT. Mr. Speaker, as I lis- provisional ballot because of another partisan dress all of the irregularities that have come to tened to the gentleman from Vermont light. I encourage my colleagues to join me in decision by the Secretary of State. make his remarks, I assume that We are here because of the new voter in preserving our democracy. means that he will be voting with me Delaware County, whose registration form was Mr. CONYERS. Members of the to accept the results from Ohio since thrown out because it did not meet the paper House, we are here today not as par- he agrees that the President won. That weight requirements of the same Secretary of tisans for one Presidential candidate or has just been verified for me. So the another, but because we want to do our State. We are here because of the African Amer- whole purpose of this discussion, at duty under the Constitution to protect least from that perspective of under- ican voter in Summit County, who was tar- our democracy. We are here because of standing that there are still challenges geted with an unlawful voting challenge be- the inner-city voter in Franklin Coun- in our election system in the country, cause of her race and because she refused to ty who waited 10 hours in the pouring should be handled at a different time. answer a certified letter from the chairman of rain while suburban voters in the same But let us talk about what we are the Republican Party. doing here today. First of all, every county had no wait because election of- Most of all we are here because not a sin- Member of this body was elected to ficials decided to reallocate voting ma- gle election official in Ohio has given us any this body. It distinguishes us from al- chines from Columbus to the suburbs. explanation for the massive and widespread most any other institution, certainly We are here because of the Hispanic irregularities in that State: No explanation for in the Federal Government and in voter in Hamilton County who also the machines in Mahoning County that re- many other institutions. We also were stood in line for hours, but was di- corded Kerry votes for Bush—No explanation all elected under the same rules and rected to the wrong voting table and for the improper purging in Cuyahoga Coun- regulations that we are discussing had his ballot thrown out because of a ty—No explanation for the lock down in War- today. I do not know that we help the decision by the Secretary of State of ren County—No explanation for the 99 percent process by casting doubt on what all of Ohio to throw out ballots cast at the voter turnout in Miami County—No explanation those people that work in elections all right polling place but the wrong pre- for the machine tampering in Hocking County. cinct. The debate we have today will not change over America do. I know in Missouri We are here because of the elderly the outcome of November’s election. We know when I was the chief election official voter in Lucas County who requested that. But out of today’s debate, I hope this for 8 years and an election official for an absentee ballot that never showed Congress will respond to our challenge: 20 years that no Republican did any- up and was refused a provisional ballot A challenge to hold true bipartisan hearings thing on Election Day by themselves. I because of another partisan decision by to get to the bottom of what went wrong in think it is the same in Ohio. Every sin- the Secretary of State of Ohio. We are Ohio and around the Nation on election day. gle thing that is done is done by a Re- here because of the new voter in Dela- A challenge to show the same concern publican. It is also done at the same ware County whose registration form about voter disenfranchisement in this country time by a Democrat. I do not think the was thrown out because it did not meet that we show in Afghanistan, and the Ukraine, people that stepped forward to accept the paper weight requirements set and Iraq. that significant public responsibility forth by the Secretary of State. We are A challenge to enact real election reform; are saying there was a problem with here because of the African American that gives all citizens the right to a provisional the election on Election Day. In fact, I voter in Summit County who was tar- ballot; that gives all voters a verifiable paper think they are all saying we did ex- geted with an unlawful voter challenge trail; and that bans election officials from serv- actly what we should have done on because of her race and because she re- ing as campaign chairs. Election Day: We tested the equip- fused to answer a certified letter from The thing we should never fear in Congress ment; we verified the ballots; we count- the chairman of the Republican Party. is a debate, and the thing we should never ed, as we should, with bipartisan teams

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H106 CONGRESSIONAL RECORD — HOUSE January 6, 2005 there to do that; and we have certified years that the other side would be wise risen up against the occupation are not insur- these results. to learn: ‘‘Get over it.’’ gents or terrorists or the enemy. They are the If we were taking this important Is it not ironic that the very people revolution, the minutemen and their numbers time today to talk about a difference of who refuse to move on are the people will grow—and they will win.’’ 118 votes, that might be justifiable in from Moveon.org and their hero Mi- How many normal people in this country my mind. To take this time on this day chael Moore? really believe that a terrorist like Al-Zarqawi, to challenge all of those Democrats and There’s a wise saying we’ve used quite a bit who chops off the heads of Americans over in Republicans who gave of themselves in Florida over the past 4 years that the other Iraq, is on the same level as Paul Revere, the and their time to make this process side would do well to learn—Get over it. Isn’t folk hero of the American Revolution? work in Ohio and in Missouri and ev- it ironic that the only people who refuse to Here’s some straight talk. In 2000, they erywhere else where people voted the ‘‘move on’’, are the people from ‘‘move didn’t like the way the votes were counted in November Election Day with a dif- on.org’’, and their hero Michael Moore? Florida. Now, they don’t like the way the votes ference in this State of 118,000 seems to My colleagues across the aisle have two are counted in Ohio. In the blue States, they me to be the wrong time, the wrong sides to choose from, the JOHN KERRY side call it a recount. In the red States, we call it place, and maybe even the wrong job that acknowledges the election is over and what it is: sour grapes. for the Federal Government. These are President Bush has won. Or the Michael Mr. Speaker, President Bush has clearly great discussions to have in Ohio. That Moore side that defines ‘‘democracy’’ as won the electoral vote and the popular vote. is where they are ultimately going to Democrats going to the polls, and ‘‘con- Certifying these electoral votes is the only solve the problem of how they conduct spiracy’’ as Republicans going to the polls. course for us to follow. Why allow the con- elections in Ohio, and this apparently The election is over and the results couldn’t spiracy theorists to undermine the public con- is more about that than anything be clearer. We know that President Bush won fidence in the electoral system itself? Let us about the result. the electoral vote by 286 to 252. We know vote down the objection, certify the electoral The purpose of our work here today that President Bush won the popular vote by college results, and prepare to celebrate the is to certify the result unquestioned by 3.3 million votes. We know that President happy day of January 20, 2005 when Presi- the country, unquestioned by the Bush won Ohio by more than 118,000 votes, dent George W. Bush is once again sworn in Democratic nominee, unquestioned by an overwhelmingly comfortable margin. We as the President of the United States. anybody involved in this process who know that in every area of Ohio, bipartisan Mr. WATT. Mr. Speaker, I rise to ad- certified the election, our job today county boards have verified and vouched for dress the House. the integrity of the Ohio election results. was to count the electoral votes, get on The SPEAKER. The gentleman from Why are we here wasting time on silly Holly- with our business of doing the work North Carolina is recognized for 5 min- wood inspired conspiracy theories? that can only be done here in this city utes. by the Federal Government to move Well, since Hollywood likes conspiracies so Mr. WATT. Mr. Speaker, there is the country in a new and positive and much, here’s a real one. On June 23, 2004, nothing more basic to democracy than better direction. We need to continue the Michael Moore movie ‘‘Fahrenheit 911’’ assuring that everyone who wants to to do that. We need to be committed to premiered in Washington, DC. According to vote is provided that opportunity and that. We also need to understand that U.S. News and World Report, New York that each person’s vote is counted in every time we attack the process, we Times, and National Journal, one of the few the result. cast that doubt on that fabric of de- Senators who attended this premier was Sen- In the last two election cycles, our mocracy that is so important. ator BARBARA BOXER. In this movie, Mr. Moore People do have to have, as I believe said it was shameful that not one U.S. Senator country, which has held itself out as the gentleman from Michigan (Mr. objected to the electoral vote count in Florida. the world’s model of an example of true democracy has fallen woefully short of CONYERS) said, confidence that the Two days ago, on January 4, 2005, the same process works in a proper way. They do Michael Moore published a new letter to Sen- meriting that title. The United States not need to believe that it is absolutely ator BOXER and other Senators reminding cannot continue to claim that it stands perfect because, after all, it is the them that they didn’t object to the electoral for and is willing to fight for democ- greatest democracy in the history of vote count 4 years ago, and requested that racy and the rights of people to vote in the world and it is run by people who they rise and object to the vote count from Afghanistan, Iraq, and other places step forward and make a system work Ohio today. Today, in fact, Senator BARBARA around the world while not being will- in ways that nobody would believe BOXER just objected to the Ohio vote count. ing to do whatever is necessary to until they see it to produce the result Is this all merely a coincidence? Is this pan- guarantee the vote of all of our citizens of what people want to have happen on dering to the Michael Moore wing of the here at home. Equal access, conven- Election Day. Democratic Party? Is it worth wasting 2 hours ience of voting, quality of voting ma- This was not a closely decided elec- of Congress’ time? The only bigger waste of chines, and other means to assure de- tion. The President’s margin is signifi- 2 hours would be to go see ‘‘Fahrenheit 911.’’ mocracy must not be a function of eco- cant. No President elected since 1988 Do the people in the Michael Moore wing of nomic status, race, where citizens live, has had a majority of the vote, let the Democrat Party really think that the Amer- or any other variable. We must do alone a 3 percentage point majority of ican people and their congressional represent- whatever is necessary to assure equal- the vote with a direction clearly to atives, are so stupid that they could be tricked ity in voting rights, opportunity and move the country forward. into objecting to these electoral results? Well, access for all our citizens, and if our We need to get on with our job. We the answer is ‘‘yes.’’ democracy is to be protected, the eyes need to honor the election process by Michael Moore told a British newspaper of the world will be watching to see working in the proper time and the ‘‘Americans are possibly the dumbest people how we respond to this, not treat it as proper way at the proper place to make on the planet . . . We Americans suffer from frivolous when people are not allowed it better, but not to suggest that be- an enforced ignorance. We don’t know about to vote. cause there were problems that some- anything that’s happening outside our country. That is why I applaud the gentle- how those problems affected a result in Our stupidity is embarrassing.’’ woman from Ohio (Mrs. JONES) for her ways that every one of us knows is not In Germany, Mr. Moore told the German leadership and for allowing this body the case. people ‘‘You can see us (Americans) coming to have a discussion about the basic Mr. Speaker, I yield to the gentleman down the street . . . We’ve got that big grin right to vote in America. from Florida (Mr. KELLER). on our face all the time because our brains For me this is not about whether (Mr. KELLER asked and was given aren’t loaded down.’’ He further asked the George Bush won or lost the last elec- permission to revise and extend his re- German people, ‘‘Should such an ignorant tion. I am planning to vote to certify. marks.) people (as Americans) lead the world? . . . I will tell the Members that. But there Mr. KELLER. Mr. Speaker, I thank Don’t go the American way when it comes to is nothing more basic than the right to the gentleman for yielding me this economics, jobs and services . . . it is the vote, and if we pretend that this is friv- time. wrong way.’’ olous, then we are not going to move Mr. Speaker, there is a wise saying Regarding those who are now killing Ameri- forward and do anything in response to we have used in Florida over the past 4 cans in Iraq, he said, ‘‘The Iraqis who have what is going on.

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD — HOUSE H107 Two days ago we took an oath of of- I know there are some problems obvi- and they are not frivolous. They are fice to uphold and defend the Constitu- ously with this election. They are not important issues. But it would not tion, that at least three amendments frivolous. These problems were not have changed the outcome of the elec- in the Constitution which guarantee unique, however, or confined to Ohio. tion. equal access to the ballot, and yet we Nor were they limited just to Demo- Mr. Speaker, it does not elevate are saying that people who did not get cratic voters. There is no such thing as those who are bringing this challenge. an opportunity to vote, who did not a perfect election. There has not been. It does not elevate our House. It does have equal access to the vote, are rais- There never will be a perfect election. not elevate the debate. It debases all of ing frivolous issues? Come on, give me The question, then, is not whether or us, and it merits a sad day in the his- a break. We should not be about deny- not mistakes were made. Of course tory of this Nation. ing or abridging that right, and I stand they were. The question is did those Mr. Speaker, I yield the balance of here in full support of it. We have got mistakes affect the outcome of this my time to the gentleman from Ohio to improve the Help America Vote Act. election? The answer is no. No serious (Mr. LATOURETTE). We took the first step 2 years ago. We person, no objective observer, could Mr. LATOURETTE. Mr. Speaker, I have got to take additional steps to claim that they did today. thank the gentleman from Ohio for make sure that every single person Now let us talk a little bit about the yielding me this time. who seeks the right to vote is given so-called evidence that has been pre- Most of our colleagues may not know that right. sented about what happened in Ohio. that we not only had an election in Mr. Speaker, I yield the balance of Much has been made about the long Ohio but we had a recount that was my time to the gentlewoman from waits for voters in some precincts. The funded by two third-party candidates California (Mrs. NAPOLITANO). distribution of voting machines in the that got less than 1 percent of the vote, Mrs. NAPOLITANO. Mr. Speaker, I State has been criticized, the claim and knowing this was going to happen stand today with my colleagues in the being that minority precincts did not today, I called my boards of election Congressional Black Caucus as they af- have enough machines while white or back home to see how that recount firm their commitment to ensuring the suburban precincts had too many. Ken went. vote of every American is counted, Blackwell, our Secretary of State, has b 1400 something I hope everybody in this been a frequent target and basically body supports. blamed for everything. But, in fact, In Ashtabula County after the re- As Chair of the Congressional His- elections in Ohio are run by and large count, each candidate picked up one panic Caucus, I am proud to be a voice by the county election boards. If my vote. for this long proud history of Hispanics colleagues are not familiar, these bi- In Geauga County there was a net in this Nation. Since the earliest days partisan boards consist of four mem- gain of two votes for President Bush, of this country, Latinos too have died bers, two Democrats, two Republicans. and the 72 provisional ballots that were and fought for the ideals that our Na- Decisions about how many machines to not allowed were not allowed because tion was founded upon, but unfortu- have in each precinct are made by the people did not live and were not nately we know that many in our those boards, not by the Secretary of registered in the State of Ohio. In Lake Latino community feel disenfranchised State. It is possible they could have County, not one ballot changed from from our political process. Our democ- miscalculated or underestimated. November 2, and all of the 201 provi- racy depends on full participation of In a recent article that appeared in sional ballots tossed were tossed be- all our citizenry and a deep and abiding the Columbus Dispatch, and this is im- cause the people were not registered in faith in our electoral system. portant, Franklin County Board of the State of Ohio. For the sake of this country, I ask Elections Chairman William A. An- In Summit County, there was a four- Congress to do all they can to commit thony, Jr. said long lines were not vote swing for Senator KERRY. themselves to ensuring that our elec- caused by the allocation of machines, a In Cuyahoga County, the county that tions are not clouded in question and process controlled by a Democrat su- I am lucky enough, home of the City of that we can truly proclaim ourselves a pervisor, he added, but by the high Cleveland, to share with the objector model for the rest of the world. voter turnout, the overall lack of vot- and the gentleman from Ohio (Mr. Mr. NEY. Mr. Speaker, I ask to be ing machines, and a ballot that in- BROWN) and the gentleman from Ohio recognized for 5 minutes. cluded more than 100 choices for vot- (Mr. KUCINICH), the net swing was 23 The SPEAKER. The gentleman from ers. votes for JOHN KERRY. Ohio is recognized for 5 minutes. For those thinking Mr. Anthony On this day, we should be praising Mr. NEY. Mr. Speaker, this is a sad must be a part of this conspiracy, I the dedication and hard work of our day. It saddens me that we have to be would point out that in addition to his election officials and not castigating here today debating this issue. Politics position on the elections board, Mr. them. in America can be bitter. Campaigns Anthony serves as chairman of the Ms. PELOSI. Mr. Speaker, I ask to can divide people and breed resent- Franklin County Democrat Party. He address the House for 5 minutes. ment. That is a given. It also used to said that he is offended by accusations The SPEAKER. The gentlewoman be a given that once a campaign was from a band of conspiracy theorists. He from California is recognized for 5 min- over the winner claimed victory, the further added, ‘‘I am a black man. Why utes. loser accepted defeat, everybody else would I sit here and disenfranchise vot- Ms. PELOSI. Mr. Speaker, today we went on with their lives, and the coun- ers in my own community? I feel like are witnessing democracy at work. try moved forward. Now, unfortu- they’re accusing me of suppressing the This is not, as some of our Republican nately, it seems the bitterness and black vote. I’ve fought my whole life colleagues have referred to it, sadly, resentments do not end with the cam- for people’s rights to vote.’’ frivolous. This debate is fundamental paign. Instead, the divisions are stoked I could go on, Mr. Speaker, but basi- to our democracy. by individuals who simply do not like cally what is the point? Those who be- The representatives of the American the results. lieve this election was stolen will al- people in this House are standing up The curious thing about this chal- ways believe it. No amount of facts or for three fundamental American be- lenge today is that it is taking place in evidence will convince them otherwise. liefs: that the right to vote is sacred; spite of the fact that the losing can- The bottom line is those bringing this that a Representative has a duty to didate has admitted defeat. I have to challenge today simply cannot accept represent his or her constituents; and applaud JOHN KERRY for the gracious the fact that George Bush has been that the rule of law is the hallmark of and magnanimous speech that he made elected President of the United States. our Nation. the day after the election where he ac- It is too painful for them. Under the rule of law, today this knowledged he had been beaten. He We must always be seeking ways to House will accept the election of Presi- also called for unity. I wish those improve the process. We announced dent Bush and Vice President CHENEY bringing this challenge had heeded his weeks ago we are going to have bipar- as President and Vice President of the call. tisan hearings to look at these issues, United States. There is absolutely no

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H108 CONGRESSIONAL RECORD — HOUSE January 6, 2005 question about that. This is not in any During the election we know that So let us respect this debate today way about rejecting that outcome. So, there were not enough voting machines for what it is, about ensuring the foun- please, let us be respectful of each in poorer and minority areas. This is a dation of our very own democracy, and other and understand what it is about. fact. Yet there were sufficient ma- by sending a message to the world that Today’s electoral challenge is not in- chines in wealthier areas. This led to we are truly, truly protective of our tended to overturn the results of the appallingly long waiting times of up to Constitution and that we honor the election. It is instead to discuss the 10 hours in certain places. You can oath of office that we take to protect real problems with our electoral sys- deny it all you want, but it is a matter and defend the Constitution. tem and the failings of the process in of public record that this is a fact, and Mr. Speaker, I urge my colleagues all Ohio and elsewhere. It is about election this is wrong. to join together in a bipartisan way for reform, not about the election result. There were credible reports of voter electoral reform to follow on the good The Members of Congress who have suppression on election day through in- work that I mentioned of the gen- brought this challenge are speaking up timidation and misinformation and the tleman from Ohio (Mr. NEY) earlier and for their aggrieved constituents, many patchwork use of provisional ballots the gentleman from Maryland (Mr. of whom may have been disenfran- led to unequal treatment under the HOYER) and to make sure that 4 years chised in this process. This is their law; unequal treatment under the law, from now we will come together not only opportunity to have this debate undermining the principles of one per- having to have this kind of debate, but while the country is listening, and it is son-one vote and equal protection. that today’s debate will serve the pur- appropriate to do so. If there were As for after the election, the Amer- pose that it is intended to have for our other venues of this caliber, we would ican people must have every confidence country. have taken that opportunity. But this that every vote legally cast will be le- Mr. REYNOLDS. Mr. Speaker, I ask is the opportunity. We have a responsi- gally counted and accurately counted. to address the House for 5 minutes. bility to take advantage of it. But constantly shifting vote tallies in The SPEAKER. The gentleman from The right to vote is the foundation of Ohio and malfunctioning electronic New York is recognized for 5 minutes. our democracy. A discussion of that machines which may not have paper re- Mr. REYNOLDS. Mr. Speaker, I am foundation, again, should not be con- ceipts have led to additional loss of glad that the Democratic leader men- sidered frivolous. confidence by the public. tioned the bipartisan support led by As the Supreme Court noted: ‘‘No As elected officials, we have a solemn the gentleman from Ohio (Mr. NEY) and right is more precious in a free country responsibility to improve our election the gentleman from (Mr. HOYER). The than that of having a voice in the elec- system and its administration. We can- committee on which I sit, the Com- tion of those who make the laws under not be here again 4 years from now dis- mittee on House Administration, did which as good citizens we must live. cussing the failings of the 2008 election. bipartisan work on the Help America Vote Act of 2002, and it took a step in Other rights, even the most basic, are We must work with the Elections As- the right direction. illusory if the right to vote is under- sistance Commission to further reform the election process, and we must pass For the record, the chairman has also mined.’’ scheduled hearings to evaluate where I repeat: ‘‘Other rights, even the legislation to improve the Help Amer- we are and where we are going in the most basic, are illusory if the right to ica Vote Act, including universal future so we can work in a bipartisan vote is undermined.’’ standards for provisional ballot and fashion on the Help America Vote Act The principle of one person-one vote strong verification measures and paper and its future considerations. is sacred in our country, and we must trails. I want to commend the gentleman Mr. Speaker, in 1974, Captain Hiroo do everything to uphold it. Yet more from Ohio (Mr. NEY), the distinguish Onada formally surrendered to the U.S. than 225 years since our founding, chairman of the Committee on House military forces. What made his sur- there are still legitimate concerns over Administration, for his leadership in render particularly unique is Captain the integrity of our elections and of en- helping to pass the HAVA Act, which is Onada, who had already been declared suring the principle of one person-one really where we are pinning our hopes, legally dead for 15 years, was a member vote, that every person has access to and to the gentleman from Maryland of the Imperial Army, still fighting a voting and that every vote will be (Mr. HOYER), who served in that capac- war whose outcome had been decided 29 counted. ity with the gentleman, and now in the years earlier. Twenty years ago, I was chair of the Senate others, a broader array of peo- Thirty years later, another contest California Democratic Party. It was ple who are weighing in on that. whose results have been firmly decided our function, it was our purpose to re- Congress must seize the opportunity is being waged not on some remote is- move obstacles of participation to vot- this year to reauthorize the act and to land, but in the halls of the United ing. The greater responsibility, of make the needed reforms and improve- States Congress. course, was with the Secretary of State ments. Our very democracy depends It is a sad day. in our State and in States across the again on the confidence of the Amer- Mr. Speaker, President Bush won country who controlled the elections in ican people and the integrity of our more votes than any candidate in the State. But we all, in all of our ca- electoral system. America’s history. His opponent con- pacities, had a responsibility to re- So, Mr. Speaker, I say to my col- ceded that victory long ago. The Ohio move, not throw up, obstacles to par- leagues, please do not talk about this results have been certified, and one of ticipation. as a ‘‘conspiracy theory.’’ It is not that State’s newspapers, the Dayton I know that this issue is not just about that. It is not about conspiracy; Daily News, reported last month that about counting votes, but what hap- it is about the Constitution of the those advancing the wild-eyed con- pens in all three phases, before, during United States. George Bush and DICK spiracy theories surrounding Ohio’s and after the election; and in all three CHENEY are the elected President and electorate votes are ‘‘speaking non- phases, there were problems in this Vice President of the United States, sense.’’ election in Ohio and elsewhere. and I think the objection will be over- Mr. Speaker, it is amazing to me that Before the election, there were com- ruled today in that regard. It has never my colleagues on the other side of the plaints about absentee ballots that been about that. It has always been aisle cannot accept the words of their were requested, but did not arrive. about the fundamental principle of the very own candidate who said, ‘‘We can- There were reports of registration legitimacy of our electoral process. not win this election.’’ problems and of improper purging of Congress will resolve this dispute The American people have spoken. I the voting rolls. The Ohio Secretary of today, and we will all abide by the re- urge my colleagues on the other side of State made decisions about provisional sults because we are a Nation of laws. the aisle to open their ears and hear ballots, partisan poll watchers and America is a beacon of democracy to their voices; to join us in facing the paper requirements for registration the world. We must never forget the challenges of the future rather than forms that some found questionable, power of our own example to those who trying to change the past. leading to widespread confusion and aspire to freedom throughout the President Bush has been duly elected possible disenfranchisement. world. by the people of this great country, and

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD — HOUSE H109 it is time for those who refuse to ac- were not on the voting rolls. In far too intent of HAVA and amending it where cept the American people’s decision, if many cases, their votes were not al- necessary deserve the full investiga- you will pardon the expression, to lowed. tion of this 109th Congress, and it move on. Ohio voters should never again be ought to be our first order of business. Mr. Speaker, I yield the balance of forced to wait 3, 5, sometimes even 10 I commend the gentlewoman from my time to the gentleman from Ohio hours to cast a vote. Ohioans should Ohio (Mrs. JONES) of Cleveland who ex- (Mr. REGULA). never again, as too many people did perienced these abuses in her area for (Mr. REGULA asked and was given this November, lose their right to vote. bringing this to national attention. We permission to revise and extend his re- But it is not just about Ohio; it is not are very proud of her. We are very marks.) just about who won and who did not. It proud of the Members who have chosen Mr. REGULA. Mr. Speaker, I thank is about our system of democracy. Mr. to join her. I would ask my Republican the gentleman for yielding me time. Speaker, I am saddened that no Repub- colleagues, starting with the Com- Mr. Speaker, the Ohio recount re- licans in this body are joining us today mittee on House Administration, to quested by the other party, has been in acknowledging problems in Ohio and join us in this effort to make HAVA completed and has been verified. In in working with us to fix those prob- really work as we approach the elec- every area of Ohio, bipartisan county lems because, Mr. Speaker, defending tions of 2006. boards have verified the integrity of the right to vote should be a concern Ms. BROWN of Ohio. Mr. Speaker, I these election results. This is the true for Republicans and Democrats alike. yield back the balance of my time. message to the world: our system Mr. Speaker, I yield to the gentle- Mr. HAYWORTH. Mr. Speaker, I seek works with integrity. woman from Ohio (Ms. KAPTUR). to be recognized for 5 minutes. The SPEAKER. The Chair recognizes We keep hearing that Ohio’s vote was Ms. KAPTUR. Mr. Speaker, Ohio the gentleman from Arizona (Mr. rigged in some way. But this is not symbolizes that the Help America Vote Act fell short of the lofty goals set by HAYWORTH) for 5 minutes. plausible when you have a system of 88 (Mr. HAYWORTH asked and was separate bipartisan county election this Congress. Ohio’s Secretary of State, Kenneth Blackwell, a Repub- given permission to revise and extend boards. In Ohio, our boards take great his remarks.) lican, in a State in which all statewide pride in their administration of the Mr. HAYWORTH. Mr. Speaker, this offices are controlled by Republicans election laws. may be the most appropriate time to I urge the Congress to accept the and, in our State legislature, Repub- remind each and every one of us en- votes cast today by the State of Ohio licans outnumber Democrats two to gaged in this debate that it is the hall- for President Bush. one in both chambers, our Secretary of mark of our constitutional Republic Mr. BROWN of Ohio. Mr. Speaker, I State repeatedly took actions to make and our government to operate by the ask to address the House for 5 minutes. it more difficult for as many Ohioans consent of the governed. And there is a The SPEAKER. The gentleman from as possible to have their votes fairly corollary to that which we should like- Ohio is recognized for 5 minutes. cast and accurately recorded. wise remember: in a free system where Mr. BROWN of Ohio. Mr. Speaker, I No national standards were set for the people choose, it is also necessary do not question the outcome of this voting equipment because the Bush ad- for contestants who are unsuccessful to election. However, I do know that I ministration appointed members of the accept the verdict of the people. In our stood in line for hours with voters try- Election Assistance Commission so Republic there are majority rules, but ing to cast ballots, and since election late that their confirmation was nearly the rights of the minority are pro- day I have heard from dozens of voters, a full year later than required by tected. Democrats and Republicans, who lost HAVA itself. They had no time to rec- Now, also understand what has tran- their right to vote on November 2 in ommend standards until it was too spired this afternoon. In what should my State of Ohio. late, and those standards are still not be a reaffirmation of our constitutional For 8 years in the 1980s I served as in place today. Republic and the Electoral College, a Ohio’s elected Secretary of State. Dur- The Ohio Secretary of State tried to Member has chosen to dispute the out- ing my term in office, we held and my force county boards of elections to buy come of voting in the State of Ohio. office conducted two Presidential elec- equipment that his own reports showed Despite that fact, speaker after speak- tions, two gubernatorial elections, and to be flawed. Federal dollars that this er on the minority side, including the dozens of primary and special elec- Congress appropriated to help mod- leader from California, has said they tions. ernize elections became stuck in Ohio accept the verdict of the election. Do The role of the Ohio Secretary of between the Secretary of State’s office not misunderstand, I say to my col- State serves two main functions: to en- and local boards of elections who were leagues. This is a vitally important sure everyone is confident that his or often in deep disagreement as to which point. her vote will be counted and to encour- machine standards were trustworthy. The problem we confront with this age everyone to exercise that right to Just prior to election, Secretary debate is that it serves to plant the in- vote. Our Secretary of State this year Blackwell continued to frustrate the sidious seeds of doubt in the electoral failed on both counts. I speak from ex- enfranchisement of Ohioans with ac- process. All the talk of election reform, perience when I say the 2004 Presi- tions ranging from specifying paper all the talk of hearings that the leader dential election in Ohio was riddled weight standards for voter registration championed, all the process com- with unnecessary problems. forms that even his own office could plaints, some that are inaccurate that not meet, and then fighting the avail- have come from the other side, are 1415 b ability of provisional ballots right up points to be debated in the regular I visited four precincts in Oberlin, until 3 p.m. on Election Day. In fact, business of this House. Yes, they are Ohio, outside of my district where I people who had requested absentee bal- important. But to disrupt the Electoral stood in line with voters, some of lots and had not received them were College, to say in effect, hey, we just whom waited up to 6 hours to vote. I denied provisional ballots until a Fed- want to shine light on this problem, is visited Hispanic and white working- eral court ruling that was issued at 3 not the proper use of the people’s time. class precincts, and I saw long lines ev- p.m. on Election Day, after who knows And with all due respect, I question not erywhere I went. I received panicked how many Ohioans were denied ballots the intent; but the net effect is this: calls throughout the day from voters that they were prepared to cast for the again, it is to place doubt and to insti- whose polling places had broken ma- candidates of their choice. tutionalize forever the notion of grum- chines and were being denied the right No one can change the outcome of bling and a lack of acceptance of the to vote. In the days leading up to the this election; but believe me, hundreds verdict of the people. In less elevated election, I witnessed reports through- of thousands of Ohioans do have ques- terms, Mr. Speaker, it is called sour out my district in northeastern Ohio of tions about the way that this election grapes; and it is sad to see in this voters who had been told their voter was handled in Ohio, in a State in House. registration could be invalid and that which the winning margin was only Mr. Speaker, I would be remiss if I despite their efforts to register, they 118,000 votes. Implementing the actual did not point out that this view is not

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H110 CONGRESSIONAL RECORD — HOUSE January 6, 2005 shared universally, despite the kind United States last November, I was shocked top election official conducted the ac- words for the Member who brought this to see American voters facing greater obsta- tivities of his office in a most partisan from her friends on that side of the cles than I have seen in third world countries. manner, undermining public trust in aisle. Listen to the comments from There were voters who waited in line over 10 the election. He sharply restricted the Kerry campaign spokesman David hours to cast a ballot. For those standing in ability of voters to use provisional bal- Wade: ‘‘I’d give my right arm for Inter- line, not only was this frustrating, it was also lots. He endeavored to make it more net rumors of a stolen election to be a particular hardship for older voters and for difficult for lower-income people, who true, but blogging doesn’t make it so. parents who had families waiting for them. are more likely to move, to vote. We can change the future; we can’t re- In addition to the unreasonably long lines at We know who won the election, but write the past.’’ certain voting precincts, other problems in- what the American people do not know Or Kerry spokesman Joe Lockhart on cluded a large percentage of provisional ballot is the extent to which voting irregular- Election Day: ‘‘We think the system rejections, voting machine errors, and voter ities in the State of Ohio deprived tens has worked today. There were thou- registration obstacles. of thousands of my fellow citizens of sands of lawyers deployed to make sure Mr. Speaker, as in the past, the most im- their 14th amendment right to equal that no one tried to take advantage or pacted voters are African Americans, His- protection of the law and their con- unfair advantage and, by and large, it panics and other minorities. In Florida in 2000, stitutionally protected right to vote. has worked. I’ve seen very few reports minorities on their way to the polls were The right to vote is expressly protected of irregularities, and even the ones we stopped at road blocks in their neighborhoods by the 15th amendment, the 19th and have seen, after a little investigation, on the pretense that law enforcement officers the 24th amendment, and the 26th you find there is not much going on.’’ needed to check vehicle inspection stickers. amendment to the United States Con- And it bears repeating, even though The wait was so long that many minority vot- stitution. It is that right which has he has spoken earlier today in Baghdad ers had to turn around and go home or to produced our very presence in this and made some comments I vocifer- work. This is not democracy. This is how peo- Chamber. It is that right which binds ously disagree with from a Member of ple lived under apartheid in South Africa. us as a Nation, which creates the unity the Senate going into a wartime the- Now we learn that in Ohio, more than half of States, which legitimizes the gov- ater, listen to the words of the nominee of the complaints about long lines came from ernment, which enfranchises not just of your own party who lost the elec- Columbus and Cleveland where a huge pro- the people, but in which reposes the tion, my friends on the Democratic portion of the State’s Democratic voters live. treasure of the American people, a gov- side: ‘‘But the outcome should be de- The House Judiciary Committee report details ernment of the people, by the people cided by voters, not a protracted legal numerous problems and obstacles that Ohio and for the people. process. I would not give up this fight voters faced. For example, a New York Times People have marched for that right, if there was a chance we should prevail, investigation revealed that Franklin County have put their lives, their fortunes, but it is now clear that even when all election officials reduced the number of elec- their sacred honor on the line for that of the provisional ballots are counted, tronic voting machines assigned to downtown right, have died for that right; and the which they will be, there won’t be precincts and added them to the suburbs. One least we can do is show our commit- enough outstanding votes for us to be entire polling place had to shut down at 9:25 ment to protecting that right. able to win Ohio and, therefore, we in the morning on election day because there The outcome of the election will re- cannot win this election.’’ were no working machines. Does this sound main unchanged, but what must Mr. Speaker, one of the virtues of our like democracy? change is a system which denied citi- system is this: in America, there are Mr. Speaker, we have a responsibility to en- zens of a great State their opportunity never lost causes because, in America, sure that the constitutional right of every voter to change the outcome. Election re- there are never fully gained causes. in this country is protected. We are raising this form is our solemn duty. Our state- That is why we have the electoral proc- objection to try to ensure that our Nation takes ments today show whether we intend ess. How sad the electoral process has action to ensure that what happened in Florida to do that duty. been sidelined today for a publicity and Ohio will never happen again. Mr. Speaker, I yield to the gentle- stunt. Mr. KUCINICH. Mr. Speaker, let us woman from California (Ms. LEE) to Mr. KUCINICH. Mr. Speaker, I rise to not denigrate factual concerns about continue this. address the House for 5 minutes. the Ohio election by dismissing them Ms. LEE. Mr. Speaker, let me say, The SPEAKER. The Chair recognizes as simply partisan. This is not about first of all, that I rise to object to the the gentleman from Ohio (Mr. Democrat or Republican votes. It is not certification of Ohio’s electoral vote; KUCINICH). about red or blue States or black or and I want to thank the gentleman Mr. KUCINICH. Mr. Speaker, I yield white. It is about wrong or right. It is from Michigan (Mr. CONYERS), the gen- for the purpose of making a unanimous not about winners or losers. It is about tlewoman from Ohio (Mrs. JONES), and consent request to the gentleman from protecting voting rights in our democ- Senator BARBARA BOXER for their lead- New Jersey (Mr. PAYNE). racy against corruption. ership. We all know this is not deja vu. (Mr. PAYNE asked and was given Let us review just one of the very se- The Supreme Court did not appoint permission to revise and extend his re- rious concerns with the Ohio election: President Bush this time, as it did in marks.) voting machines were misallocated, 2000. But again, in 2004, the Democratic Mr. PAYNE. Mr. Speaker, I rise causing voters to stand in line, in some process was thwarted. today to join my colleagues in object- cases for 10 hours. That denies voters It is a fact that thousands of minor- ing to the certification of the State of equal protection of the law. In the ity voters were disenfranchised before Ohio’s electoral votes. State’s capital, a shortage of voting and on Election Day. The misalloca- Mr. Speaker, I rise today to join with my col- machines in predominantly African tion of voting machines, the restric- leagues in objecting to the certification of the American communities was created, tions of provisional ballots, the im- State of Ohio’s electoral votes. even though the Secretary of State proper purging of voter rolls, the Unfortunately, last November in Ohio we knew far in advance that 102,000 new delays in mailing absentee ballots, the witnessed many of the same irregularities that voters were registered in that county malfunctioning of electronic machines, occurred in Florida in the year 2000 and which alone. The misallocation of voting ma- the widely reported incidents of intimi- tainted the election results. That year, former chines was estimated to have denied at dation and misinformation in violation Vice President Gore won the popular vote by least 15,000 people the opportunity to of the Voting Rights Act are all but a over half a million votes but was denied an vote. Furthermore, the Secretary of few examples of the widespread efforts electoral victory because of voter irregularities. State, who under Ohio law has a con- to disenfranchise and suppress Ohio As a member of the House International Re- stitutional duty to ensure election voters. lations Committee, I have monitored elections laws are upheld, failed to issue guide- Let me tell my colleagues, my con- around the world, in remote nations like Na- lines under the Help America Vote Act stituents in the Ninth Congressional mibia in Africa, and most recently in the dis- for 2 years. Contrary to the spirit of District of California want democracy puted election in the Ukraine. Watching elec- HAVA, which is to encourage voting to work for all. Some say ‘‘get over it.’’ tion coverage of our own elections here in the and to have every vote count, Ohio’s I will never get over the shameful stain

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD — HOUSE H111 of the suppression of any American’s serving as the chief election officer for the the worker who collected them was constitutional right to vote. We must state, and doing everything possible to prevent paid in crack cocaine. pass Federal standards to require a voters from voting. It is about voting machines How interesting that their challenge paper trail, insist on nonpartisan offi- that invalidate valid votes. does not mention the Democratic cials ensuring the process be moved We are told to get over it. How do you get group ACORN which submitted vote forward for real, in a real way, and pass over having your vote stolen? How do you get registrations for dead people that used real election reform. over widespread disenfranchisement? 25 different addresses for the same indi- Mr. KUCINICH. Mr. Speakr, I yield to This Congress must fully investigate these vidual. the gentleman from New York (Mr. allegations, and we must act to prevent these Mr. Speaker, before I came to Con- NADLER), a great leader. outrages from happening again. If these out- gress I served very proudly for 8 years (Mr. NADLER asked and was given rages were criminal violations of our laws, as the Michigan Secretary of State permission to revise and extend his re- those responsible must be brought to justice. where my principal responsibility was marks.) If they were not violations of the law, they serving as the chief election officer. So I feel I have a little bit of background b 1430 ought to be. Our next election must not again steal people’s votes. to make some observations about the Mr. NADLER. Mr. Speaker, the right My colleagues on the other side of the aisle election process. In fact, Michigan is to vote has been stolen from qualified should not let partisan politics stand in the recognized as a national leader on elec- voters. Stolen through corruption, way of an honest assessment of this election. tions. We constructed the first state- through political cynicism, through in- They should not ignore what happened. How- wide computerized voter registration competence, through technical mal- ever they vote today, they should commit list which precludes the possibility of function. themselves to a full and fair investigation. Any- anybody having more than one address Despite the fact that the widespread thing less would suggest that they think there or registering more than once. and documented irregularities in the is something to hide. It would suggest that In fact, I might add, I was very proud Ohio election have not been proved to there is a partisan coverup. in my former capacity to receive the change the outcome of the presidential We can do better. We must do better. highest grade in the Nation of Secre- election, the loss of the right to vote Mrs. MILLER of Michigan. Mr. taries of State for voter election re- by so many is unacceptable. Speaker, I rise to address the House for forms and that grade was given to me Elections must not only be fair and 5 minutes. by the NAACP. honest, they must be seen to be fair The SPEAKER. The gentlewoman We are all committed to free and fair and honest in order to maintain the le- from Michigan (Mrs. MILLER) is recog- elections. We all want to make sure gitimacy of our democratic institu- nized for 5 minutes. that every single vote is counted, that tions. Mrs. MILLER of Michigan. Mr. no different voter is disenfranchised. This year we have dodged a bullet. If Speaker, the American people must be I do remember clearly, however, how the apparent margin of victory in Ohio watching this debate and literally distressed I was in my former capacity to have to threaten the Detroit City were closer, the Florida 2000 fiasco shaking their heads. With all of the Clerk, a Democrat, with court action if would look like a picnic. challenges facing our Nation we are she did not comply with our State elec- Mr. Speaker, normally the process of count- spending our time debating the chal- tion law to make sure that every vote ing electoral votes is a purely ceremonial lenge to the validity of the Presi- is counted, particularly minority event. Normally it is a celebration of our dential election simply because the votes. However, my dismay at seeing democratic institutions. Normally it is a cele- Democratic Party cannot accept the that none of the Members of the United bration of the rule of law and equal protection fact that their candidate lost this elec- States Congress here ever spoke out to of all Americans under the law. tion. They cannot accept the fact that protect the rights of their own con- But we do not live in normal times. the right their agenda, that their vision for stituents to be heard at the ballot box. to vote has been stolen from qualified voters— America has been rejected by the ma- There was no outrage. There was no in- stolen through corruption, through political jority of Americans. They cannot ac- dignation. And yet today we hear out- cynicism, and through incompetence, through cept the fact that President George W. rage based on fantasies and conspir- technical malfunction. Bush simply received more votes than acies. Regardless of the reason, the denial of the Senator JOHN KERRY. Mr. Speaker, let me say that I am fundamental right to vote is a crime against This election was very hard fought sincerely interested in undertaking the our democracy, against our way of life, and on both sides. The American people important work of the American people against the most fundamental rights of every have accepted the fact that it is over in truly a bipartisan manner. So I American. and they want this Congress to get to would ask that we might be spared Despite the fact that the widespread and work and to work in a bipartisan way. from selective outrage, that we might documented irregularities in the Ohio election If this is a minority party’s idea of be spared from the righteous indigna- have not been proved to have changed the bipartisanship, then let the people of tion based on fantasy. outcome of the presidential election, the loss our Nation see it for what it is. Be- Mr. Speaker, the challenges to those of the right to vote by so many is unaccept- cause in the spirit of bipartisanship, votes in Ohio are turkeys. I think able. the Democrats are asking us to over- those turkeys should be given to some- Elections must not only be fair and honest, turn the Presidential election which one else. they must be seen to be fair and honest in President Bush won by over 3 million Mr. Speaker, I yield the balance of order to maintain the legitimacy of our demo- votes nationwide and by over 118,000 my time to the gentleman from Ohio cratic institutions. votes in the State of Ohio. (Mr. TURNER). This year, we have dodged a bullet. The In the spirit of bipartisanship they Mr. TURNER. Mr. Speaker, when the disgraceful events in Ohio may not have say that somehow Karl Rove was ma- processes that are meant to guarantee changed the outcome of the election, but a nipulating votes from a secret com- our freedoms are abused, they are closer vote could well have made this belief puter in the White House and that weakened in meaning and the rights impossible. If the apparent margin of victory in somehow these secret computers were and privileges that they are meant to Ohio were 30,000 or 40,000 instead of changing the votes on punch cards and protect are placed in peril. Like the 118,000, we would now be embroiled in a dis- optical scan sheets that record actual person who cried wolf for attention, pute that would make Florida in 2000 look like votes. This language is in their chal- who risked the safety of the herd by de- a picnic. lenge. meaning and diminishing the meaning What is at stake is our democracy. This is How interesting, however, that their of the alarm, the objecting Members not about conspiracies, or phantoms. It is challenge as it talks about conspiracies today weaken the processes of object- about the failure to count valid votes for invalid in the State of Ohio, making allega- ing to a State’s electoral votes and reasons. It is about disenfranchising thou- tions that have no basis of fact, their place in peril future real attacks on sands of voters by forcing them to wait on line challenge is silent about an incident in our voting rights. 10 hours to cast their votes. It is about the co- Ohio where fraudulent voter registra- If their goal today was to protect the chair of the President’s reelect committee tion forms were being submitted and right to vote, why object only to Ohio?

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H112 CONGRESSIONAL RECORD — HOUSE January 6, 2005 Why not pick a State that voted for a fair and open election is the bedrock of our In fact, today, we are reliving the painful ex- JOHN KERRY? Because the objection democracy and what ensures a peaceful periences of the 2000 election. today is not about protecting our right transfer of power. How can we ask Americans Those problems included: outdated and un- to vote. It is about undermining our to respect the laws made in Washington if we reliable technology, confusing ballots, lack of election process and our President. cannot ensure them the lawmakers were poll worker training, and inaccurate voting Mr. Speaker, we are asking people in elected fairly? lists. Afghanistan and Iraq to risk their lives Today, American soldiers are being wound- As a result, 6 million voters were to vote, and today we hear complaints ed and dying so the United States can spread disenfranchised. about the time it took to vote in free democracy around the world. It is absolutely We all remember that this disenfranchise- elections in the greatest democracy in shameful that when these soldiers return ment was most prevalent in Florida. the world. home, they cannot even be sure their own And here we stand again, four years later, My hometown newspaper in Dayton, electoral process is fair and accurate. to discuss flaws that led to a significant dis- Ohio said, ‘‘What’s not in order is the I realize that in the case of Ohio, the irreg- enfranchisement of voters in the recent 2004 suggestion of some great fraud where ularities would not overturn the results of the Presidential Election. there is none. Some people will take election. Even Senator KERRY has conceded This is not an effort to overturn the results advantage of the inevitable flaws of that and does not support this congressional of the election. Rather, this is an effort to ad- elections to confuse other people . . . motion. I, therefore, will vote against the mo- dress the irregularities of the election and to Those people do harm, not good.’’ tion, but feel that it is important today to high- fix our broken election system. Mr. CUMMINGS. Mr. Speaker, I rise light the very real problems we have with our Although there were general reports of irreg- to address the House for 5 minutes. electoral process—which must be addressed ularities across the country, we must examine The SPEAKER. The gentleman from by this Congress. the prevalent problems that occurred in the Maryland (Mr. CUMMINGS) is recognized Mr. CUMMINGS. Mr. Speaker, today state of Ohio, in particular. for 5 minutes. this is not about overturning election There were numerous accounts of eligible Mr. CUMMINGS. Mr. Speaker, I yield results but reforming a broken election voters—waiting on line for up to ten hours in to the gentleman from New York (Mr. system. the cold and rain—facing insufficient resources ENGEL). Mr. Speaker, as I listen to my friends at polling places, voting machine shortages, (Mr. ENGEL asked and was given from the other side I become quite the denial of provisional ballots, voting ma- permission to revise and extend his re- upset when I hear them say things like, chine errors or tampering, and the intentional marks.) we are trying to break down the elec- distribution of inaccurate information. Mr. ENGEL. Mr. Speaker, we must tion system, taking away from the I think many of my colleagues find these ensure that everyone has the right to credibility of our election system. irregularities appalling. My friends of the House and Senate this is vote and every vote is counted. Nothing could be further from the a red, white and blue issue; not black or white; Mr. Speaker, I rise today to highlight the fact truth. not urban or rural; or even Republican or that too many Americans are being denied the What we are trying to do is make right to vote in a fair, free and open election Democratic. sure that every single voter has the We must stand up to these injustices. process. Every American citizen who wants to right to vote and that their vote is That is why, as a result of these irregular- vote should be allowed to vote, and every vote counted. ities, I believe these critical steps must be must count. This is not a black and white issue. taken: Sadly, many voters in this nation believe This is not a Republican/Democrat 1. Congress needs to enact meaningful non- their right to cast ballots for President, Mem- issue. This is a red, white and blue partisan election reform—HAVA can and ber of Congress, Governor or countless other issue. needs to be improved, particularly by providing leadership positions has been undercut be- This Constitution that we base our for a verified paper trail for electronic voting cause of this nation’s broken electoral system. country and our laws on, the funda- machines. Today, the House of Representatives will mental things of that Constitution, 2. Congress should engage in further hear- certify the Electoral College’s ballot electing that building block, is the vote; and ings into the widespread election irregularities the next President. While my first choice for when we take away that vote, then reported in Ohio and around the country to fix this important job was Senator JOHN KERRY, I what we do is we basically are destroy- our piecemeal election system. know that President Bush won this election. ing our democracy. That is what this is Our duty to uphold democracy in America is This does not change the fact that around all about. clear. the country and particularly in the state of I wonder, I really do, if it were your If even one American is denied the right to Ohio, many voters felt as if their vote was not wife who was denied the right to vote vote, or one vote is not counted, that is simply properly counted. This feeling was particularly or your child, would you be making the one too many. acute in more poor, urban and minority areas. same arguments? I applaud the brave gentlelady of Ohio, Money, privilege, or geographic location All we are saying is we want to make STEPHANIE TUBBS JONES, and the equally should not make someone’s vote count more sure that if we have a broken system, if brave Senator BARBARA BOXER of the State of than anyone else’s. there is one person whose vote is not California for raising this contest to the elec- In October 2002, Congress enacted the counted, if there is one person who toral votes from Ohio. Help America Vote Act, which addressed does not have the right to vote, then I leave this great Chamber with a fitting many of those weaknesses. It created a new that is one person too many. It is as quote from Thomas Jefferson, ‘‘[It is] by their federal agency, the Election Assistance Com- simple as that. votes the people exercise their sovereignty.’’ mission, with election administration respon- So it upsets me that you keep saying Mr. Speaker, I yield to the gentle- sibilities. It set requirements for voting and these things about us denying Bush his woman from Georgia (Ms. MCKINNEY). voter-registration systems and certain other opportunity to be President and all Ms. MCKINNEY. Mr. Speaker, never aspects of election administration, and it pro- this kind of thing. That is not true. have the issues been so clear as they vided federal funding; but it did not supplant What we are addressing is the funda- are for all of us today. Our country is state and local control over election adminis- mental right to vote. It is simple as at war ostensibly to bring democracy tration. that. to a far off country on the other side of Yet, more needs to be done. We cannot Mr. Speaker, I rise today to express concern our planet. At the same time, a signifi- have another election where tens of thou- for our nation’s democracy. At its core, our cant chunk of the American people pro- sands of Americans feel as though their votes form of government is based on the premise test in their own humble ways for de- did not count or were counted improperly. We of ‘‘one person, one vote.’’ mocracy at home. They see unequal must continue to work toward a more perfect When you take away that right to vote or protection of the precious right to vote system. The Republicans control Congress, when you deny a cast vote from being count- blatant in Ohio but not only in Ohio; and their unwillingness to invest what it takes ed, then you denigrate the building blocks of voting machines that cannot be trust- to correct our national electoral system is a our great democracy and our Constitution. ed, casting votes for candidates not in- disgrace. We are not here to contest the election re- tended by the voter. That happened in Fixing the voting problems around the coun- sults, but urge election reform of a broken sys- my own race in my own State of Geor- try will not be easy and will not be cheap. But tem. gia.

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD — HOUSE H113 Provisional balloting made absurd by The SPEAKER. The gentleman from were anything other than legitimate. seemingly purposefully drafted arcane California (Mr. DREIER) is recognized We know how difficult it is to lose an rules that in some case rendered the for 5 minutes. election. I am here with my colleague right to vote moot; our democracy en- Mr. DREIER. Mr. Speaker, I have returning also, Dan Lungren. He lost trusted to privately owned software just listened to the remarks of my re- his first election in 1976. I lost my first run on computers that can be hacked, turning colleague from Georgia. I cer- election in 1978, and Dan likes to regu- that overheat, break down or have tainly welcome her back to this great larly remind me that he was the first their batteries die in the middle of the deliberative body. She began, Mr. one to come and campaign and encour- voting process; and, moreover, voting Speaker, by saying that we are a na- age me to run again in 1980. on machines that do not even tell us tion at war, and it is very clear that we Losing an election is disappointing, after we have voted who it is exactly are. We are in the midst of a global war no doubt about it whatsoever; but mov- that our vote was counted for. on terrorism and the people who are ing forward in defeat is just as critical When Congress passed the Help leading that war on terrorism clearly to the integrity of our democracy as America Vote Act, it hoped to correct have no confidence whatsoever in the claiming victory itself. the blatant irregularities and purpose- process of self-determination. And that It has been said that democracy still ful disenfranchisement that occurred is why I think that this exercise which represents the best hope for mankind. in Florida in the 2000 election. It is we are going through today clearly Sowing seeds of doubt about a legiti- clear from the work of the Committee emboldens those who would, in fact, mately decided election threatens to on the Judiciary, the gentlewoman want to undermine the prospect of de- unnecessarily dim that hope. from Ohio (Mrs. JONES) and the tireless mocracy because there is no evidence This objection is without any merit efforts of people across Ohio that this whatsoever, no evidence whatsoever whatsoever, Mr. Speaker; and we Congress has a lot of work to do. that the claims that are being made should move on together as we look to- Our Vice President has told to us ex- are valid. wards the inauguration which will be pect war for the next generation. It is The vote in Ohio has already been re- taking place on the 20th of this month not only our responsibility but our counted. There is no doubt President and as we proceed to implement the right to demand full democracy at Bush won the election. He won with agenda of the American people. home, and we do that by our actions historic margins, and millions of first- Mrs. DRAKE. Mr. Speaker, will the today. This is not merely about bitter- time voters in Ohio were participating. gentleman yield? ness or a recount, this is about a black- JOHN KERRY has accepted this fact. Mr. DREIER. I yield to the gentle- out. Even those foreign officials who many woman from Virginia. It is time to end the blackout and of our colleagues invited to the United Mrs. DRAKE. Mr. Speaker, I find it shine the lights on our precious right States as election observers have come interesting irony in today’s challenge to vote. to the legitimacy of President George Mr. CUMMINGS. Mr. Speaker, I yield to the conclusion that George Bush W. Bush’s election, the very partisans the balance of my time to the gen- won the election. who fought against him the first time, tleman from Missouri (Mr. CLAY). We as a Nation are regularly encour- Mr. CLAY. Mr. Speaker, the numer- aging elections all over the world. We arguing against his intelligence, polit- ous irregularities that occurred with just observed this amazing exercise ical savvy and leadership abilities, are the electronic voting machines in Ohio that has taken place with the election at this very moment accusing him of on November 2 of last year point to an of Viktor Yushchenko in Ukraine. pulling off a major feat in tampering unresolved national crisis. The lack of Now, it is true that no election is with and illegally affecting the out- a unified standard for all voters and all perfect. We have seen this since the be- come of the vote in Ohio. All of this he ballots casts in a federal election. ginning of our democracy. But small allegedly did without leaving a shred of Congress must establish this stand- imperfections here and there do not a evidence. ard with a verifiable paper or audit mass conspiracy make. In fact, we have Mr. Speaker, I find an interesting irony in to- trail. It is the only way to ensure in- had a number of people quoting news- day’s challenge to the legitimacy of President tegrity of the federal election process. papers. I am not an expert on the news- George W. Bush’s election as President of the Reports of voter intimidation, inad- papers in the State of Ohio, but I have United States: equate and malfunctioning voter ma- been told by more than a few people The very partisans who fought against him chines, incompetent election judges that the Dayton Daily News, which is the first time, arguing against his intelligence, and lines at the polling places in urban sometimes named something else, ac- political savvy and leadership abilities are at areas that lasted for many hours were tually endorsed JOHN KERRY and on De- this very moment accusing him of pulling off a widespread. These irregularities were cember 3 they said the following: major feat in tampering with and illegally af- compounded by the irresponsible con- ‘‘Some people will take advantage of fecting the outcome of the vote count in Ohio. duct of the allegedly unbiased top elec- the inevitable flaws of elections to con- All of this, ladies and gentlemen, he alleg- tion official who openly became a par- fuse other people, to sow doubts. Those edly did without leaving so much as a shred tisan advocate for his party’s Presi- people do harm, not good. They under- of evidence. dential nomination. mine the legitimacy of every close So I ask my colleagues who prefer to dwell Honorable colleagues, the numerous irreg- election outcome.’’ on the past rather than fight for the future; ularities that occurred with the electronic vot- The fact is the system worked pretty who would rather level accusations than legis- ing machines in Ohio on November 2nd of last well. People should know that. Now, late; who would rather waste Congress’s time year point to an unresolved national crisis: the that came from what I am told is one and taxpayer dollars than work on providing lack of a unified standard for all voters and all of the most liberal newspapers in the health care, education and a strong military for ballots cast in a federal election. Congress State of Ohio and a newspaper that en- America—I ask these colleagues, if reform is must establish this standard, with a verifiable dorsed JOHN KERRY. needed in Ohio, to work with their State legis- lature to create the best system possible and paper or audit trail. It is the only way to ensure b 1445 the integrity of the federal election process. to join Senator KERRY in accepting the will of Reports of voter intimidation, inadequate I would respectfully suggest, Mr. the American people. and malfunctioning voting machines, incom- Speaker, to my colleagues on the other Mr. JACKSON of Illinois. Mr. Speak- petent election judges and lines at polling side of the aisle, as well as those on the er, I ask to address the House for 5 places in urban areas that lasted for many other side of the Capitol, that what minutes. hours were widespread. makes our system great is our willing- The SPEAKER. The gentleman from These irregularities were compounded by ness to accept the legitimate results of Illinois (Mr. JACKSON) is recognized for the irresponsible conduct of the allegedly unbi- an election, whoever wins, and move 5 minutes. ased top election official who openly became forward together for the good of the Mr. JACKSON of Illinois. Mr. Speak- a partisan advocate for his party’s presidential American people. er, I want to be clear. Today’s objec- nominee. I would remind them once again, tion is not about an individual, but our Mr. DREIER. Mr. Speaker, I rise to there is no evidence whatsoever to sug- institutions. It is not about Repub- address the House for 5 minutes. gest that the results of this election licans, but our Republic. It is not about

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H114 CONGRESSIONAL RECORD — HOUSE January 6, 2005 Democrats, but our democracy. It is credibility, the fairness, the effective- gressional hearing. We are not hear to not about an election result. It is about ness and the efficiency of our voting talk about improving our election pro- an election system that is broken and system. So we need to build our democ- cedures. We are hear to certify the re- needs to be fixed. racy, not on HAVA Democrats, not on sults of this recent election. We are Today, we are hearing the facts HAVA Republicans, but build our de- here to certify the fact that President about voting irregularities in Ohio. In mocracy on the fundamental individual Bush did, indeed, win the votes granted 2000, we saw a similar mess in Florida guarantee in the Constitution that to him in the State of Ohio; did, in- and other States. As we try to spread every citizen can rely upon in their deed, win election across this great democracy to Iraq and Afghanistan and Constitution. country. elsewhere, it is prudent and appro- We need to provide the American In many ways, I am glad that my priate and timely to examine our own people with the citizenship right to daughter and father are no longer here democracy. vote and provide Congress with the au- to watch this debate taking place in What is wrong with our democracy? thority to craft a unitary system from this House. Even CBS news has recog- What is wrong with our voting system? Maine to California so we do not have nized the fact that President Bush has State after State, year after year, why so many separate and unequal systems. won this election. This is probably the do we keep having these problems? Mr. Speaker, it is the foundation upon only place left that is still disputing The fundamental reason is this: which we build a more perfect Union this election. Americans do not have the explicit amongst the States. What kind of message are we sending right to vote in their Constitution. In Mr. LEWIS of Georgia. Mr. Speaker, out? What kind of message are we send- 2000, the U.S. Supreme Court in Bush v. will the gentleman yield? ing to the rest of the world where we Gore ruled: ‘‘The individual citizen has Mr. JACKSON of Illinois. I yield to bring democracy to every corner? no Federal constitutional right to vote the gentleman from Georgia, whose Where we are trying to bring democ- for electors for the President of the credentials on the question of voting racy, the right to vote to Afghanistan, United States.’’ So at present, voting are unparalleled and unmarked and un- to Iraq, to the Palestinian people, what in the United States is a State right, matched in this Congress. message do we send when we stand up not a citizenship right. Mr. LEWIS of Georgia. Mr. Speaker, and say if you lose an election, if you Hence, our voting system is built on I thank my colleague and friend for do not like the results, you can always the constitutional foundation of States yielding. go to court, you can always hire an at- rights: 50 different States, 3,067 dif- The right to vote and to have every torney? ferent counties, 13,000 different election vote counted is precious and sacred. It This is the wrong message to be send- jurisdictions, all separate, all unequal. is the heart and soul of our democratic ing. This does not bring honor to this Consider this, if a person is an ex- process. We cannot be true to ourselves House. This does not bring honor to our felon in Illinois, they can register and as a democratic society unless we get democratic tradition. This does not vote. If they are an ex-felon in 11 it right. bring honor to the history of a peaceful States, mostly in the South, they are I think, Mr. Speaker, it is fitting and transition of power. This does not barred from voting for life. There are appropriate that we pause, that we bring honor to those who have grace- nearly 5 million ex-felons who paid have this discussion, that we have this fully conceded before. their debt to society but are prohibited debate, and that Congress hold further Indeed, in my own home State we from ever voting again, including 1.5 hearings on questions about the Presi- had a congressional election decided by million African American males; but in dential election in Ohio and elsewhere. less than half of a percentage point, Maine and Vermont, a person can vote Our electoral system is broken, and less than one vote per precinct. I want if they are a felon while they are in it must be fixed once and for all. What to stand up here and congratulate both jail. Illinois, Florida, Vermont. Dif- happened in Florida in 2000 and in Ohio the Democratic winner of that elec- ferent States, different rules, different in 2004 tends to dramatize the fact that tion, as well as his Republican oppo- systems. there is something wrong with our de- nent. In contrast, the first amendment to mocracy. More and more of our citizens the Constitution guarantees us an indi- have grown uneasy. Mr. Speaker, I have got several re- vidual citizenship right, freedom of I hear people on the other side saying marks from several different editorial speech, freedom of religion, freedom of we should forget it, we should get over pages from the State of Ohio that say association; and we can travel between it. How can we get over it when people that we should not be having this dis- the States with such a fundamental died for the right to vote, where people cussion, that say that the votes were right. However, when it comes to vot- suffered for the right to vote? The counted in Ohio. There is another ing, a person does not have such a fun- right of every vote to be counted must place, there is another time to be hav- damental right. They have a State be upheld by this body. ing this discussion. Today is about cer- right. A State right is not a citizenship Mr. JINDAL. Mr. Speaker, I ask to tifying, accepting the results. right, but a right defined and protected address the House for 5 minutes. Two things that have been good that by each State and limited to each The SPEAKER. The gentleman from have happened today: one, I have heard State. Louisiana (Mr. JINDAL) is recognized many of my colleagues from the other 108 of the 119 nations in the world for 5 minutes. side recognize our President as the that elect their public officials in some Mr. JINDAL. Mr. Speaker, it is a rightful winner. I thank them for doing democratic manner have the right to great honor to address this House for that. Secondly, before I yield the bal- vote in their Constitution, including the first time in my elected career. It ance of my time to the gentleman from the Afghan Constitution and the in- is also with a heavy heart that I ad- Ohio (Mr. TIBERI), I would like to say terim document in Iraq. The United dress this House. in Louisiana we make several jokes States is one of eleven nations that I think that this debate diminishes about the fact that in the past, distant does not have an affirmative right to this House. This was one of the proud- past, people used to vote multiple vote in the Constitution. Should we est weeks of my life, when my father times. We never, however, in the his- not be the 108th nation that does just was able to see his son being sworn tory of our State have ever had mul- that? into this House, when I was able to tiple counts of the same vote. The Bible says if we build a house on bring my daughter to watch her father I would offer that this is not a good sand, when it rains, the winds blow and being sworn into this House. day for our country, not a good day for the storms come and it will not stand. As a son of immigrants, I take very democracy; and we have stopped the Our voting system is built on the sand seriously the freedoms and rights acceptance of the certification of the of States rights. Florida one year, Ohio granted to us in this country, America, votes. the next year, and no telling what is the greatest country in the world. Mr. TIBERI. Mr. Speaker, will the happening in 2008 and 2012. I think we diminish this House by gentleman yield? As a result, the American people are the discussion that we are having. Let Mr. JINDAL. I yield to the gen- gradually losing confidence in the us be clear. We are not here at a con- tleman from Ohio.

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD — HOUSE H115 (Mr. TIBERI asked and was given heard horror stories of Americans in lower in- its own equipment, and to appoint its permission to revise and extend his re- come and minority areas having to wait more own administrators without any uni- marks.) than 4 hours to cast their votes because of the form national standards. Mr. TIBERI. Mr. Speaker, I am often lack of enough ballot machines. We have to Our historic compromise granting asked in Columbus, Ohio, why it is so do more to ensure that every American has an certain powers to the State that was partisan here in Washington, D.C., and equal chance to vote—meaning we need to necessary for the birth of this Nation one wonders why 2 days after we get make sure working election machines are must no longer be used as an excuse for sworn in. available at all polling places. the abuse of the free and democratic Mr. Speaker, I spoke with a board of The nationwide use of provisional ballots is election process here in America. The elections official this morning in my a direct result of that legislation. The problem abuse in certain sections of the coun- district, a Democrat, who said that is that while Congress can require that States try, which once openly used violence what we are doing today is, in her opin- allow voters to use provisional ballots, it has and intimidation, were outlawed. All ion, an insult to not only Democrat but little control over how election officials count other abuses involving voter suppres- Republican board members throughout those provisional ballots. sion and dirty tricks should imme- the State. The bipartisan system that Ms. WOOLSEY. Mr. Speaker, this is diately be made Federal crimes. Out of is in place in Ohio, not one board mem- the second Presidential election in a those who have fought in the past and ber has objected to the process in Ohio, row in which serious, well-documented those still on the battlefield for the not one. concerns have been raised about dis- cause of democracy, it is our duty to Mr. Speaker, were there problems? enfranchisement and voting rights vio- take the steps to escalate our momen- tum toward the attainment of a more Certainly, there were problems in Ohio. lations without any congressional in- perfect Nation. Were there long lines? Certainly. I vestigation. This is the second time, Mr. Speaker, we have preached democracy stood in a long line in my area. The Co- and this time, it must be different. in Afghanistan. We have preached democracy lumbus Dispatch reported there were The United States is supposed to be a in Iraq. Now the time has come for us to ac- long lines everywhere. In fact, in cen- beacon of freedom, the greatest democ- celerate the process of more fully practicing tral Ohio, in Columbus, Ohio, the busi- racy in the world. Yet we cannot seem what we preach. Our great nation is the pre- est places to vote were not in urban to guarantee that the votes of our citi- mium democratic government of the world and areas. They were in suburban areas. zens are counted. we are all proud of that fact. A unifying posi- All electoral votes in Ohio have said This past election there was every- tion of both Democrats and Republicans is what we are doing today is wrong. In thing from votes outnumbering voters that we support democracy everywhere. We fact, the chairman of the Democrat in some precincts to blatant voter in- believe that where there is democracy the Party in Franklin County, my county, timidation in other precincts. It is people are inevitably better off. I whole- has gone so far as to label the charges time that we investigate these serious heartedly endorse the democracy mission of as a band of conspiracy theorists. I did violations because they are violations America. But I am here today to beg the cho- not say that; he said that. By the way, to our democracy. sen decision makers here in the Congress to Mr. Anthony, the head of the Franklin There is an irony here, a very tragic take a giant step forward to bolster America’s County Democrat Party, the head of irony. Yes, indeed, we are sacrificing world crusade for democracy. As we strive for the board of elections in Franklin American lives and billions of dollars a more perfect union let us unite to end hy- County is also a union official, an Afri- to try to establish democracy in Iraq. pocrisy and to construct a more perfect one can American and a good man. Yet we cannot seem to get our own de- person, one vote electoral process. Mr. Speaker, what we are doing here mocracy in order right here at home. Today it is appropriate that we address our today, as the Cleveland Plain Dealer This is not about which candidate remarks not only to the citizens of America but has said, is the election horse is dead. won, which candidate lost on November also to the people of Afghanistan and to the We are beating a dead horse. The elec- 2. It is not about politics at all. It is people of Iraq. We should begin by apolo- tion is over. Let us get on with it. about citizens and their most funda- gizing for this present electoral system, which Ms. WOOLSEY. Mr. Speaker, I ask to mental rights. undercuts the principle of one person, one address the House for 5 minutes. b 1500 vote. Our efforts to achieve free elections in The SPEAKER. The gentlewoman Iraq would be totally shattered if we were to from California (Ms. WOOLSEY) is rec- The recommendations put together propose today that the nation be divided into ognized for 5 minutes. by the minority Members of this House 30 or 50 units with each unit granted the Ms. WOOLSEY. Mr. Speaker, I yield must be followed, and I look forward to power to determine its own election proce- to the gentleman from New Jersey (Mr. working with them to ensure that our dures; to select its own equipment; and to ap- PALLONE) for a unanimous consent re- efforts to ensure every vote counts point its own administrators without any uni- quest. come together before the next election. form national standards. Our historic com- (Mr. PALLONE asked and was given And if we do not, why would any Amer- promise granting certain powers to the States permission to revise and extend his re- ican bother to vote? that was necessary for the birth of this nation marks.) Mr. Speaker, I yield to the gentleman must no longer be used as an excuse for the Mr. PALLONE. Mr. Speaker, I thank from New York (Mr. OWENS). abuse of the free and democratic election the gentlewoman for yielding, and I Mr. OWENS. Mr. Speaker, we have process here in America. The abuse in certain rise in support of the challenge to preached democracy in Afghanistan. sections of the country, which once openly Ohio’s electors. We have preached democracy in Iraq. used violence and intimidation, has been out- After the 2000 Presidential Election we Now the time has come for us to accel- lawed. All other abuses involving voter sup- knew we had to make changes in our elec- erate the process of more fully prac- pression and dirty tricks should immediately tions system so American voters were con- ticing what we preach. be made federal crimes. fidant that their vote had been registered and I wholeheartedly endorse the democ- For too long our nation has accepted as counted. The 2000 election taught us that racy mission of America, but I am here legal and has tolerated blatant sabotage of many of our election machines were outdated, today to beg the chosen decision- free elections. Florida offered abundant evi- and unfortunately, some of our election offi- makers here in Congress to take a dence of such sabotage in the year 2000. cials served their political party over the voter giant step forward to bolster America’s Now, in 2004, Ohio has produced a multiple who should have the right to vote on Election world crusade for democracy. Today it list of irregularities and we are demanding a Day. is appropriate that we address our re- more thorough investigation. In Ohio the fail- Three years ago, Congress approved land- marks not only to the citizens of ure of 25 to 30 voting machines to operate mark election reform legislation, the Help America but also to the people of Iraq. correctly with one precinct recording a nega- America Vote Act, that was supposed to fix Our efforts to achieve free elections in tive 25 million votes; and the forced waiting many of the election problems we encoun- Iraq will be totally shattered if we periods of three hours in the rain in African tered in Florida and other States in 2000. want to propose today that Nation be American neighborhoods, and ten hours at a We’ve spent more than $3 billion over the divided into 30 or 50 units with each polling site for college students; these are only last 3 years to correct the voting problems of unit granted the power to determine a few of the outrageous examples of voter dis- the past, but despite all this funding we still its own election procedures, to select enfranchisement in Ohio.

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 9920 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H116 CONGRESSIONAL RECORD — HOUSE January 6, 2005 In honor of those who have fought in the I will cast a protest vote today not only in and convincing evidence of the true and cor- past and those still on the battlefield for the the name of the integrity of the Ohio voting rect outcome will preserve this institution we cause of true democracy it is our duty to first process but for the democratic process that is call democracy. investigate and then to legislate to overcome seriously flawed and that must be fixed. In the Ukraine, a new election was held all of the poisoning obstacles which obstruct The Court in that case also enunciated that when majority supporters protested and com- the consolidation of a more perfect national ‘‘undeniably the Constitution of the United plained of fraud in the election that resulted in election process. This is a vitally necessary States protects the rights of all qualified citi- the surprising defeat of opposition leader action which will escalate our momentum to- zens to vote, in state as well as in federal Viktor Yushchenko. The second vote held re- ward the obtainment of a more perfect nation. elections . . . It has been repeatedly recog- vealed that Yushchenko had actually won by God bless America. And God bless democ- nized that all qualified voters have a constitu- a significant margin. What underscores the racy everywhere. tionally protected right to vote, . . . and to critical nature of full and fair recounts when Ms. JACKSON-LEE of Texas. Mr. have their votes counted.’’ there is doubt as to legitimacy is the fact that Speaker, will the gentlewoman yield? Moreover, under the Equal Protection while the first flawed election rendered Ms. WOOLSEY. I yield to the gentle- Clause, all methods prescribed by a legisla- Yushchenko a loser by three (3) percentage woman from Texas. ture to preserve the right to vote must be ef- points, the revote rendered him a winner by Ms. JACKSON-LEE of Texas. Mr. fected and not thwarted as stated in Bush v. eight percentage points. This is clear and con- Speaker, I thank the gentlewoman Gore in 2000. Reynolds and its progeny of vincing evidence. This is democracy. from California (Ms. WOOLSEY) for cases added that votes that are cast must ac- Mr. Speaker, election processes, like legis- yielding, and I thank the gentlewoman tually be counted under the Equal Protection lation, are imperfect; therefore, we must use from Ohio (Mrs. JONES). Clause of the Fourteenth Amendment—appli- every opportunity and resource available to Mr. Speaker, this is a sacred debate. cable to the individual States. bring them closer to legitimacy and a truly rep- This is not a frivolous time in our his- In addition, Mr. Speaker, the Constitution’s resentative nature. All evidence of voting irreg- tory. This is about avoiding the sup- Due Process Clause requires ‘‘fundamental ularity and failure of votes to be counted is rel- pression of votes. Might I say when the fairness,’’ or that a state official not conduct an evant and important to the achievement of this people of Ukraine rose up against their election or apply vote-counting procedures goal. This is democracy. flawed election, they understood what that are so flawed as to amount to a denial of The hearings that we have held as a body democracy is all about. voters’ rights to have their voices heard and within the House Judiciary Committee and the Mr. Speaker, I rise to object to the their votes count. The First Circuit federal hard work that officials such as my colleague votes in Ohio. I rise under the Con- Court in 2001 held that where ‘‘organic failures from Ohio, Ms. TUBBS JONES has done leading stitution of the United States in Arti- in a state or local election process threaten to up to November 4 and well through its after- cle 4, 14 and 15. I argue the point that work patent and fundamental unfairness, a math have yielded factual findings that sug- we have an inconsistent election, and I gest the existence of ample grounds on which argue the point that we believe in de- . . . claim lies for a violation of substantive to challenge the electors from Ohio as being mocracy. The equal protection and due due process.’’ As we look to reauthorize relevant sections unlawfully appointed. Our fact-finding has clauses of the 14th amendment of the of the 1965 Voting Rights Act (VRA), it would shown possible violation of 3 U.S.C. Section Constitution operate to protect the be an indictment of the election process itself 5—which states that all controversies regard- rights of citizens to vote for the can- if we fail to ask pointed questions as to the in- didate of their choice. ing the appointment of electors should be re- Furthermore, the well-settled case on tegrity of the Ohio election in 2004. This chal- solved six days prior to the meeting of electors this issue, Reynolds v. Sims, states lenge is an absolute must relative to America’s (or December 7, 2004 for purposes of the cur- that ‘‘the right to vote freely for the standing and reputation as a real democracy rent election) in order for a state’s electors to candidate of one’s choice is of the es- and as a center that promotes the sanctity of be binding on Congress when it meets on sence of a democratic society, and any the right to vote. January 6, 2005, to declare the results of the restrictions on that right strike at the Today’s challenge in Joint Session forum 2004 election. heart of representative government.’’ aims to ensure the maintenance of the integ- Secretary of State J. Kenneth Blackwell and How would Members like to be in rity of the voting process. I support my col- others appear to have intentionally delayed Ohio and be told that the election was leagues in challenging the mechanics of the the initial certification of the electors until De- on November 3, 2004, instead of Novem- Electoral College vote certification for its pro- cember 6, rendering a recount impossible by ber 2, 2004? The Constitution’s due cedural value. This challenge represent our December 7—let alone by the December 13 process clause requires fundamental collective exhaustion of legal remedies on be- meeting of Ohio’s electors. fairness and that a State election offi- half of the American people—our constituents, Today’s debate is very important to docu- cial not employ vote-counting proce- for without this act, their voice remains muted. ment the serious election improprieties that dures that are so flawed. What my colleagues and I stand to achieve occurred in Ohio and in other voter precincts Mr. Speaker, I believe that the Amer- today is to raise the awareness of the Amer- around America. Some of the incidents that ican people value the value of one vote, ican people as to the legitimacy of the demo- occurred include: one person, and all votes counted. cratic process and the absolute value of the Insufficient resources allocated to poor and Mr. Speaker, I support the objection made notion of ‘‘One person, One vote’’. Our collec- minority precincts, which resulted in unusually as to counting the votes of the Electoral Col- tive efforts may not net a different result in long lines which resulted in long waiting time; lege from the State of Ohio in the name of the terms of the recent presidential election; but Lack of a verified ‘‘paper trail’’ relating to American people, the United States Constitu- can and will affect future elections. On a glob- electronic voting machines, thus failing the test tion, in the name of procedural due process, al scale as the standard bearers of democracy of transparency; and in the name of democracy. The Equal this challenge can serve to provide a shining Reports of Ohioans being told, incorrectly, Protection and Due Process Clauses of the example of hope to the emerging democracies that the presidential election was to take place 14th Amendment of the Constitution operate in Afghanistan and Iraq. on Wednesday, November 3, 2004, as op- to protect the rights of citizens to vote for the The exhaustion of all remedies available posed to Tuesday, November 2; Denial of provisional ballots to voters; candidate of their choice. Furthermore, the when there is any doubt as to the legitimacy Voter intimidation; well-settled case on this issue, Reynolds v. of the overall process is one of the basic ten- Voting machine errors or tampering; Sims states that ‘‘the right to vote freely for ants upon which this country was founded. Improper purging of eligible votes; the candidate of one’s choice is of the es- The duty to doggedly pursue a task to its ulti- Fraudulent phone calls, fliers, and bulletins sence of a democratic society, and any restric- mate conclusion is as applicable to the recent on official-looking letterhead; tions on that right strike at the heart of rep- gubernatorial race in the State of Washington Questionable vote recount in Ohio, about resentative government.’’ as it is in the democratic elections taking place which the case Yost v. David Cobb, et al. is This is a sacred debate that is in no way for the first time in the Ukraine. In Washington currently under litigation. frivolous use of the time of the Congress or of State, candidate Dino Rossi declared victory The American people deserve to have their the tax dollars of the American people. Nor is after only a partial recount. However, after a voice heard and to have their fundamental this debate one that aims to overturn the 2004 full and fair recount, it was correctly deter- rights advocated. presidential election. On the contrary, this de- mined that the Democratic candidate Chrisine During this past pre-election period, I had bate is being made at the request and at the Gregoire was the victor. A rush to judgment is the privilege of working closely with my con- behest of the American people. never prudent. The transparency of process stituents and with very efficient legal minds

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 9920 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD — HOUSE H117 that really care about making every vote request to the gentleman from Georgia B, there were numerous agents who count. A former staff member of mine, Attor- (Mr. PRICE). were doing ‘‘unidentified things’’ to in- ney J. Goodwille Pierre, led an organization (Mr. PRICE of Georgia asked and was timidate voters; called Election Protection 2004 in efforts to given permission to revise and extend C, that a Democrat Supreme Court educate voters on the best way to increase his remarks.) candidate received more votes than voter turnout. Mr. PRICE of Georgia. Mr. Speaker, I JOHN KERRY; therefore, the election is Entities such as the Houston Black Lawyer’s thank the gentleman for yielding. I a fraud; and Association, the African-American section of rise in opposition to the objection. D, because the exit polls showed the State Bar of Texas, Region 5 of the Na- Mr. Speaker, as a freshman member I stood KERRY was going to win, he should tional Bar Association, and Election Protection here with the rest of you two days ago taking have won. The only thing that I know 2004 combined to hold a lawyer training ses- an oath to preserve, protect and defend the that are less realistic than exit polls sion on Texas election law on October 9, Constitution of the United States. I couldn’t be are Godzilla movies, and yet that is 2004. Over 200 lawyers attended and partici- more proud and humbled to be a Member of what the basis of this attack was. pated in this training session, and I feel that it the finest deliberative body in the Nation. We have heard that many voters had was very effective in empowering the voters in Having served four terms in my state Sen- to stand in line for 3 hours. My dad is the 18th Congressional District of Houston. ate in Georgia in both the majority and minor- 87 years old. He is blind. He is very in- In addition, I worked with these groups to ity—I have great respect for appropriate pro- convenienced when he votes. He has to hold a public meeting of over 500 volunteers cedural objections. have assistance, yet as a World War II from all walks of life, which included over 100 However, political grandstanding during this veteran and survivor, he is proud to lawyers, to discuss strategies on decreasing vital electoral college ballot count is shameful wait 3 hours to vote. He only wishes voter intimidation and implementing complaint and reprehensible. more of his peer group was alive to What my new colleagues on the other side mechanisms. I would like to thank Attorney have the same honor. John Strausberger from the firm of Weil, of the aisle are doing today is destructive of Mr. Speaker, I yield to the gentleman our system. To raise an objection for which Gosthal, & Mangen for having given us the from Florida (Mr. KELLER). many speakers on the other side have said legal procedure backbone to our effort on a Mr. KELLER. Mr. Speaker, my col- they will oppose—only feeds unfounded dis- pro bono basis. I also had the opportunity to leagues across the aisle have two sides content in the veracity of our great democracy. to choose from, the JOHN KERRY side meet with the key election official for Harris I shall never lose my faith and pride in our that acknowledges the election is over County to bring her within arms-reach of these great Nation and will fight vigorously and pray and President Bush has won, or the Mi- groups so that voter intimidation could be de- for our future at a time when some in the mi- tected early and properly addressed. nority party put politics over people. chael Moore side that defines democ- I would also like to thank Ms. Barbara God Bless America. racy as Democrats going to the polls, Arnwine of Lawyer’s Committee on Civil Mr. KINGSTON. Mr. Speaker, we and conspiracy as Republicans going to Rights, Mr. Ralph Nease of People For The have been asked by our Democratic the polls. The election is over and the American Way, and Carmen Watkins and colleagues to take this objection to the results could not be clearer. Why are Unity ’04-Texas for their leadership and exten- vote today seriously. We have been told we here wasting time on silly, Holly- sive efforts. this is not frivolous. wood-inspired conspiracy theories? Election Protection 2004 produced a report Well, we have to ask, why Ohio? Why Well, since Hollywood likes conspiracy entitled ‘‘Texas Election Protection EIRS Re- Ohio, the State that happened to put so much, here are some real facts. port.’’ It revealed over 2,200 incident reports President Bush over the top? Why not On June 23, 2004, the Michael Moore with over 1,500 having occurred on Election Minnesota where KERRY won, where movie Fahrenheit 9/11 premiered in Day as compiled from poll monitors, on-line there were discrepancies and Democrat Washington, D.C. According to U.S. systems, and the 1–866–VOTE hotline. groups working inside polling places at News and World Report, the New York A partial breakdown of the results showed polling booths? Why not New Hamp- Times and the National Journal, one of my District, Harris County, as leading other shire where KERRY won where Demo- the few Senators who attended its pre- counties with over 720 complaints. Among the crat operatives allegedly slashed mier was Senator BARBARA BOXER. In key issues identified in the complaints ob- wheels of vehicles intended to take Re- his movie, Mr. Moore said it was tained were: publicans to the polls? Why not Wis- shameful that not one U.S. Senator ob- (1) Confusion about how to implement provi- consin which KERRY won where Demo- jected to the electoral vote in Florida. sional ballot requirements; crat operatives physically intimidated Two days ago on January 4, 2005, the (2) A significant number of Harris County Republican voters? Or why not even same Michael Moore published a new voters having not received absentee ballots; Colorado where a Democrat worker letter to Senator BOXER reminding (3) Apparent vote switching in Harris and with ACORN signed herself up to vote them that they did not object to the Travis Counties on e-Slate voting machines 25 different times? Or why not New electoral vote count 4 years ago, and he associated with straight party voting; requested they rise and object to the (4) Stringent and obtrusive identification re- Mexico where a 13-year old was reg- vote count from Ohio today. Today, in quirements; istered to vote by the same Democrat (5) Voter intimidation; and front group? And why not some of the fact, Senator BOXER objected to the (6) Confusion among voters about straight other problems that were going on in vote count. Does Michael Moore and party voting. Ohio, why do we not talk about them? the people in the Michael Moore wing Mr. Speaker, the fact-finding made by the For example, in Franklin County in of the Democrat Party really think the Committee on the Judiciary, my colleague Ohio where a dead person was reg- American people and their elected rep- from Ohio, my constituents and the constitu- istered to vote, or 25 addresses were resentatives are so stupid that we ents in many other districts makes it more submitted for the same man, why are could be tricked into objecting to these than clear that additional and more focused they not concerned about that? Or why electoral results. Well, the answer, I hearings are required as to the irregularities in not raise a question about Lake Coun- think, is yes. the Ohio presidential election and around the ty where a man who had been dead for Michael Moore told a British news- country. Furthermore, the election law requires 20 years was registered to vote? paper, ‘‘Americans are possibly the reform in order to make voting more fair, con- Our Democrat colleagues do not seem dumbest people on the planet. Our stu- sistent, and representative. We must lead by to be concerned about that, and yet pidity is embarrassing.’’ In Germany, example. We must act in the true spirit of de- here is the serious charge of that com- Mr. Moore told the German people, mocracy. plaint by Reverend Bill Moss: A, that ‘‘You can see us Americans coming Mr. KINGSTON. Mr. Speaker, I rise there was a computer in the White down the street. We have that big grin to request permission to address the House hooked up to voting booths in on our face all the time because our House. Ohio which was allegedly controlled by brains are not loaded down.’’ The SPEAKER. The gentleman from some super agent who could change the Regarding those who are now killing Georgia (Mr. KINGSTON) is recognized results of those elections in Ohio from Americans in Iraq, Michael Moore said, for 5 minutes. 1600 Pennsylvania Avenue. I do not ‘‘The Iraqis who have risen up against Mr. KINGSTON. Mr. Speaker, I yield think even Hollywood would even buy the occupation are not insurgents or for the purpose of a unanimous consent into that; terrorists or the enemy, they are the

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H118 CONGRESSIONAL RECORD — HOUSE January 6, 2005 revolution, the minutemen, and their the hundreds of cases of voter intimi- opportunity to come back together to numbers will grow and they will win.’’ dations reported to him, it is more do the people’s work. Mr. Speaker, how many normal peo- than clear that Ohio has failed to run a That healing period over the last sev- ple in this country really believe that a fair election. eral months has been interrupted by an terrorist like al-Zarqawi is the same as Mr. Speaker, we are now over 4 years activity without merit. I think the pro- Paul Revere? I ask my colleagues to beyond the nightmare of Florida in the ceeding today will cause great harm to vote no on this objection. 2000 election. I chaired the Democratic this institution and great harm to our Ms. WATERS. Mr. Speaker, I rise to Caucus Election Reform Committee. country at a time when we should be request permission to address the We traveled all over this country. We coming together to get ready to do the House. held hearings. I worked with Members serious work the American people sent The SPEAKER. The gentlewoman of this House to pass HAVA, Help us here to do. from California (Ms. WATERS) is recog- America Vote Act. Yet, is there anyone I regret that. The Constitution clear- nized for 5 minutes. who can say we have a fair election ly gives the responsibility for running Ms. WATERS. Mr. Speaker, I dedi- system or this is the best we can do? elections to the States. All the States cate my objection to Ohio’s electoral The 2004 election in Ohio and else- have their rules and regulations. In votes to Mr. Mike Moore, the producer where revealed that enormous prob- Ohio we have heard clearly, it is a very of the documentary Fahrenheit 9/11, lems remain in our election systems bipartisan process, two Democrats, two and I thank him for educating the and HAVA simply does not address Republicans in each of the 88 counties. world on the threats to our democracy those problems. It is stunning to me I have not heard one election official in and the proceedings of this House on that in the 21st century we continue to any of the 88 counties, Democrat or Re- the acceptance of the Electoral College use horse-and-buggy procedures to con- publican, raise any concern about the votes for the 2000 Presidential election. duct our elections. It is amazing but outcome or the fairness of the election The Democratic Judiciary Com- true that in many jurisdictions we use that occurred in their counties. mittee Staff Report clearly establishes more sophisticated technology to run If we really want to have a debate that the State of Ohio has not met its the daily lottery than we devote to our about how elections are run, that de- obligation to conduct a fair election. election system. Incredibly even in bate ought to occur at each of the 50 Ohio’s partisan Secretary of State, Mr. those few jurisdictions that have State legislatures where they in fact Kenneth Blackwell, I am ashamed to moved to electronic voting to avoid the ought to look at what happened in say an African American man has problem of chads and punch cards, we their State. They ought to be making failed to follow even Ohio’s election do not require a verifiable paper trail adjustments. But the election officials procedures, let alone procedures that to protect against vote tampering. If are doing the best they can, and I do comply with Federal law and constitu- an ATM machine can give each user a think that what is happening today is tional requirements. Our ancestors who receipt that that user can reply upon, really an indictment of the good work died for the right to vote certainly then a voting machine should also be of many of those people in our States. must be turning over in their graves. able to give a receipt. So I would ask my colleagues, let us Mr. Speaker, I traveled to Ohio where Mr. Speaker, the issue before us is get this behind us, quickly; and let us the gentleman from Michigan (Mr. not whether the problems in the Ohio come here to do what the American CONYERS) convened hearings, and I lis- election were outcome determinative, people sent us here to do. tened to citizen after citizen describe although they could have been, it is Mr. Speaker, I yield to my colleague the Ohio election debacle. When there whether the State has met its obliga- and friend, the gentleman from Ohio is a shortage of voting machines that tion to provide every voter with an (Mr. OXLEY). leads to lines of up to 10 hours to cast equal opportunity to vote and have his (Mr. OXLEY asked and was given a vote in precincts that are predomi- vote counted. We must not allow these permission to revise and extend his re- nant minority and Democratic voters, egregious violations to be trivialized. marks.) forcing countless prospective voters to There is no constitutionally acceptable Mr. OXLEY. I thank the gentleman leave without voting, and where a level of inequality in access to voting for yielding. number of Democratic precincts had in Federal elections. Mr. Speaker, I want to associate my- fewer machines than were used in the Mr. Speaker, there is no conceivable self with the remarks of my good friend , despite the certainty justification for disqualifying a vote and colleague from Ohio. I am amazed of a much higher turnout in the hotly for President or Senator on the count at how many experts on Ohio election contested general election for Presi- that a legally qualified voter shows up law we have in this Chamber. I had no dent, it is clear that Ohio has failed to to cast his vote in the right State but idea that so many Members from all run a fair election. the wrong precinct. Why could we not over the country would have such a When Mr. Blackwell arbitrarily and count that voter’s ballot? The voter’s working knowledge of the Ohio elec- unreasonably refused to provide provi- intent is clear. There is no question as toral process. My friend from Ohio and sional ballots to voters who were in the to the voter’s right to vote for the others have explained it quite well how right county but the wrong precinct, or President of the United States or Sen- we work very well on a bipartisan to voters who requested but did not re- ator. We can ensure that the voter does basis. Indeed, our election laws in Ohio ceive an absentee ballot in a timely not cast a provisional ballot in more are quite adequate to the task despite manner, it is clear that Ohio has failed than one location. the fact that we had a huge number of to run a fair election. When a county in voters, an unprecedented number of Ohio shows more votes cast than reg- b 1515 registrants, and some adjustments to istered voters, or when another Ohio Mr. BOEHNER. Mr. Speaker, I rise to the new voting system; but I think we, county shows an underfunded Demo- address the House. by everybody’s estimation, did quite cratic State Supreme Court candidate The SPEAKER. The gentleman from well. getting substantially more votes than Ohio is recognized for 5 minutes. I know my friend from Michigan had the well-funded campaign of Senator Mr. BOEHNER. Mr. Speaker, elec- a tough November with the Buckeyes KERRY, it is clear that Ohio has failed tions are divisive activities in our com- beating the Wolverines and, of course, to run a fair election. munities, in our States, and in our earlier in November with the loss of his When Secretary of State Blackwell country. After an election, and after Presidential candidate; but we should refused to recognize thousands of new the divisiveness, there needs to be a pe- not try to overturn the presidential voter applications because they are not riod of healing to bring our commu- race any more than we should try to on postcard-weight paper, it is clear nities, our States, and our Nation back overturn the outcome of the Ohio that Ohio has failed to run a fair elec- together. I think JOHN KERRY was very State-Michigan game despite what my tion. And where Secretary Blackwell, graceful in his concession to George friend from Michigan might want. This in violation of his statutory duty to in- Bush to begin the healing process in is a time, as my friend from Ohio said, vestigate election irregularities, re- our country so that when we the Con- for reflection, for healing, for getting fused to investigate or remedy any of gress come back to work, we have an on with the business of the Nation.

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD — HOUSE H119 This exercise, unfortunately, has dis- State of Ohio, who were denied that While there are no federal elections being tracted our country from that worthy right; and each time it happened, the constested in Texas, there are three State goal. For that, I am truly sorry. foundation is weakened. That is why I House elections that are being reviewed in- Ms. KILPATRICK. Mr. Speaker, I ask join my colleagues today in objecting cluding one in my hometown of Houston. All of to address the House for 5 minutes. to the counting of Ohio’s electoral these election contests were brought by Re- The SPEAKER. The Chair recognizes votes. I commend my colleagues in this publican candidates even though there are the gentlewoman from Michigan for 5 House of the people and the Senate who Republican county clerks and the Secretary of minutes. are raising this objection for their State is a Republican. While the process of Ms. KILPATRICK. Mr. Speaker, courage, and I am proud to join them. contesting election results in our country is a whether we like it or not, on November There is little disagreement that peaceful process, I question how much faith 2 across America, tens of thousands of irregularities did occur. The question the American people have in our ability to ac- people were unable to cast their vote. is what are we going to do about it. It curately report election results. Surveys lead- Many voted and their votes were not is simply not sufficient to tell the los- ing up to the 2004 Presidential election indi- counted. I rise to support the gentle- ers in this election to get over it, or to cated as many as 42 percent of Americans woman’s effort from Ohio. I thank her accuse them of sour grapes, or to say anticipated problems with our voting system very much. Our United States Con- we are doing the best we can. It is our and they were right. stitution gives us the opportunity and patriotic duty to stand up for every I strongly belive voting standards should call the right to represent the millions of voter no matter his or her race or for a paper trail in case a vote needs to be au- people that we represent daily to be on party affiliation and demand that Con- dited. Without such requirements, even having this House floor today. This is their gress act to expand voter protection uniform standards would not enable us to ac- right to speak through us on what hap- and guarantee voter rights. curately rely on a final vote count without a pened to them on November 2. The Once all the facts are determined, a paper trail. Several states including my home rules of the House of Representatives national demand for electoral reform state of Texas do not have the ability to print allow us as elected representatives, must force Congress to finally finish a ballot for verification purposes. The inability representing 700,000 plus people apiece, the job begun under the Help America to conduct a complete audit of elections re- the right to be on this floor at this Vote Act, HAVA, including voter- sults is bad public policy and it’s detrimental time. This is the only way as we rep- verified paper trail. We cannot simply for our democrary. resent those people that we might ex- sit back and accept the results as if Americans deserve the ability to confirm press their dismay that they felt on nothing happened or possibly illegal their vote and our democracy depends on the November 2. As our leader said, this activities had taken place in precincts accuracy of our election process. It is time for has nothing to do with overturning the throughout Ohio. Those Ohio election this body to require that each voter receives election. This is why we are sent here officials who denied voters provisional verification that their vote was accepted and to represent, and that is what we are ballots, a portion of the voting reform counted. No election is perfect, but we all de- doing. bill that I championed, must be held serve an election system that enables us to Regardless of what we have heard the accountable along with those who al- correct errors when they occur. last hour and a half, we the Members lowed machines to be tampered with, This country served as a guide to Afghani- on this side of the aisle object to the eligible voters to be purged illegally, stan in their historic elections on October 4 of process that failed many Americans on and voters to be intimidated. last year and now, we are assisting Iraq to November 2. Long lines, cold, in the This is our chance to demonstrate to make their first open election in history a suc- rain. It was in Ohio that we talk today; our citizens and the world that Ameri- cess on January 30. If we are to serve as the but Michigan, a neighboring State, had cans are constantly working to perfect world’s model of democracy, we must ensure many problems. I was in my voting our own democracy. that every vote is counted, and if need be, is area called down to count the votes Ms. KILPATRICK. Mr. Speaker, I able to be recounted accurately and fairly. We after the polls closed. All day long we yield to the gentleman from Texas (Mr. cannot serve as the model of democracy if our had reports of intimidation, of men in GENE GREEN). own democratic process is flawed suits intimidating my voters, asking (Mr. GENE GREEN of Texas asked Mr. PORTMAN. Mr. Speaker, I rise for identification every time they went and was given permission to revise and to address the House. to vote all day long. But they stayed in extend his remarks.) The SPEAKER. The gentleman from line, they pressed forward, and they Mr. GENE GREEN of Texas. Mr. Ohio is recognized for 5 minutes. voted. Speaker, just for history purposes, I (Mr. PORTMAN asked and was given Something was very wrong on No- think in the 1960s we might have heard permission to revise and extend his re- vember 2. When the polls closed at 11 the same thing when we had the Voting marks.) o’clock that night, November 2, and we Rights Act that needed to be passed by Mr. PORTMAN. Mr. Speaker, Ameri- were there overlooking the vote, men this Congress. cans turned out in record numbers and in suits were touching my vote I rise today to address an issue that is at their votes have been counted. Presi- counters, touching our ballots. I went the core of our democracy: our ability to en- dent Bush won with more votes than on TV, live TV, the 11 o’clock news and sure that each vote cast by an American is any other Presidential candidate in the said, That is a felony. You cannot counted. history of our great country. In Ohio, touch our counter. You cannot touch Voting irregularities have been a major con- in fact, the votes were counted and our voters. You cannot touch the bal- cern in our country for decades In October then recounted, and President Bush lots. It could have been Michigan, but 2002, this body passed the Help America Vote won by over 118,000 votes in my State. you chose Ohio; and I am here to stand Act (HAVA) in order to eliminate voting irreg- No election is ever perfect. They with you today. ularities and restore integrity and reliability to never are. But there is absolutely no Something is very wrong with our our electoral system. However, these new sys- credible basis to question the outcome voting process. Every vote must count. tems have not been without flaws. Software of the election. That is what is going Every vote must be counted. We have errors used in Florida’s 2002 election lost over on here today. I heard my friend from got to fix this, and I thank the gen- 100,000 votes, and at least 15 states, includ- Georgia (Mr. LEWIS) say, this is about tleman from Ohio (Mr. NEY) for his ef- ing Texas, reporting irregularities in their the right for every vote to be counted. forts, but we have got more work to do. equipment throughout our most recent elec- No one on this side of the aisle will dis- Mr. Speaker, I yield to the gentle- tions. agree with that. We could not agree woman from Illinois (Ms. Under HAVA, this body provided billions of more. That is why we have HAVA. SCHAKOWSKY). dollars to the states to replace old lever voting That is why we are going to refine it Ms. SCHAKOWSKY. Mr. Speaker, booths and punch card voting machines that further. That is why we need to con- nothing is more critical to the founda- produced the infamous ‘‘hanging chads’’ in tinue our work, as many speakers on tion of our democracy than the guaran- Florida with more high-tech machines. How- our side of the aisle have said, to be teed right to vote. In the 2004 Presi- ever, this new technology conceals the most sure that every vote is indeed counted. dential election, there were voters in important part of the election process: the re- But that is not what this objection is every State, including the pivotal cording and counting of votes. about. This objection from the other

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H120 CONGRESSIONAL RECORD — HOUSE January 6, 2005 side of the aisle, and I am going to . I hope we will resentatives is the primary right by quote one of my colleagues who said, it come together as Democrats and Re- which all rights are protected. To take is about ‘‘massive and widespread voter publicans today to vote down this ob- away this right is to reduce a man to irregularities in the State of Ohio.’’ jection, not to continue this cynical slavery.’’ Therefore, Mr. Speaker, Not so. political ploy to try to somehow based upon an inordinate number of al- I also read in the challenge lots of ir- delegitimize the Presidency of the legations suggesting gross voter rights responsible conspiracy theories about United States and his election, but allegations and misconduct, I join with what happened in Ohio. I was there. It rather to move forward and get on to my colleagues and object to counting did not happen. I also heard today from the very important work that we have the State of Ohio’s electoral votes and the other side of the aisle that no one before us today. urge that we pass a strong Voting has answered any of these questions. Mr. Speaker, I yield to my colleague, Rights Protection Act to guard against That is wrong. the gentleman from Cincinnati, Ohio any further attempts to manipulate One of the concerns that has been (Mr. CHABOT). and erode our democracy. raised time and time again, most com- Mr. CHABOT. I thank the gentleman Mr. Speaker, I yield to the gentle- monly raised, is that in Warren Coun- for yielding. woman from the District of Columbia ty, a district that I represent and a Mr. Speaker, let us face it. This is (Ms. NORTON). city that I represent, that somehow nothing more or less than an attempt Ms. NORTON. Mr. Speaker, I thank there was not a fair election because to sow doubt on the legitimacy of this the gentleman for yielding to me. people were locked out. Yes, the media President. It is an attempt to weaken If we are the democracy we say we was locked out in the Warren County President Bush, and it is unfortunate are, we must show it today by taking board of elections. It happened. But because we have much work to do in on the astonishing problems in our na- here is Jeff Ruppert, a lawyer for the this House and in the Senate putting tional system of elections that can no Kerry-Edwards campaign who was in- this country on the right track. longer be blinked away. Ohio’s often side and saw nothing unusual: ‘‘It was On November 2, 2004, George W. Bush brazen irregularities bring forward this as clear and open as it could possibly received a majority of the votes cast in debate, but the Buckeye State is only be,’’ he said. Other witnesses included, this country, including the State of the poster child for the nationwide sys- of course, the Democratic members of Ohio, the State that I happen to be a tem of voting that has been discredited the election board and several Demo- Member of this House. As a Congress- in the eyes of millions of voters. I crats who were hired to help count the man from Cincinnati, Ohio, I had an watched the long lines nationwide and votes. opportunity to go to dozens of polling here in the District with both exhilara- As has been said time and time again places, both in urban areas in my city tion and pain, exhilaration that finally in Ohio, we have got a pretty good sys- of Cincinnati and also in suburban we were getting what we asked for, tem. It is totally bipartisan, two areas. I have talked to many, many with so much enthusiasm for voting Democrats, two Republicans, every sin- people; and most people agree that this that people were standing in line the gle board in every county of our 88 election was conducted professionally way they do for million dollar lottery counties in our great State. and fairly and freely. tickets; pain that long lines would This is not the time, ladies and gen- News sources reporting on the elec- surely discourage many voters, par- tlemen, to obstruct the will of the tions have said that few mainstream ticularly first-time voters, people of American people. It is time to get our politicians doubt President Bush’s vic- color, young people, and many others work done. It is time to govern, not to tory. However, rather than certifying who wanted to believe that voting object. Let us be clear. This is not the 2004 election in accordance with could matter in their lives. The long Americans forcing their will on the the Constitution and Federal law and lines in the District were especially American people. This is the views of starting the work that we were elected poignant because citizens were waiting Ohioans that have been clearly ex- to do, we are forced today to engage in for hours to vote for a Member of Con- pressed. Every objective observer essentially partisan debate by our col- gress who herself could not cast a vote agrees. In fact, every newspaper in the leagues across the aisle. That is most for them in this House. State of Ohio agrees. Every editorial unfortunate. Ohio’s close and contentious vote page agrees. A nonpartisan group such as speaks for the country about virtually We have heard some quotes today. electionline.org that pushed for elec- all the problems of the last election, Here is one I love from the Cleveland tion reform placed Ohio at the top of from voting machine access to voting Plain Dealer. It says: ‘‘The 176 Demo- the list. Let us get back to our busi- intimidation and the absence of na- crats who sit on Ohio’s 88 county elec- ness. tional standards for the basics. It will Mr. DAVIS of Illinois. Mr. Speaker, I tion boards pondered their jurisdic- take time and bipartisan determina- rise to address the House. tions’ results, accepted their subordi- tion to make us proud of our elections. The SPEAKER. The gentleman from nates’ good work, and are now turning Until then, one reform could begin the Illinois is recognized for 5 minutes. their energies toward the future. Are Mr. DAVIS of Illinois. Mr. Speaker, process of restoring confidence in our they all dupes in some Machiavellian the most basic and fundamental prin- elections. If all else fails, voting ma- Republican scheme? Or do they simply ciples of any democracy are equal op- chines, polling place controversy, con- have a firmer grasp of reality than that portunity, equal protection under the fused or partisan election officials, a displayed by a handful of unrelenting law and guarantee of the right to par- provisional ballot that, if valid, will zealots still ranting in the January ticipate, to have that right protected count, can help heal voting flaws until rain 8 weeks after the election?’’ and to have that participation count. we enact a real cure. We have got a Maybe we should look at some other Unfortunately in the last two Presi- failsafe for almost everything else, States. Again in Ohio, President Bush dential elections, an increasing number from bullet proof vests to backups for won by over 118,000 votes. JOHN KERRY of elections across the country are computers. Let us fix our system this won New Hampshire, but by 9,200 votes. being marred with allegations of ma- year, including with failsafes for voting JOHN KERRY won Minnesota, but by nipulation, chicanery, trickery, intimi- to save our democracy. only 98,000 votes. JOHN KERRY won Wis- dation and outright illegal acts of Mr. SCOTT of Virginia. Mr. Speaker, consin, but by only 11,300 votes. fraud, thievery, and violence. will the gentleman yield? I want to thank my Republican col- Mr. DAVIS of Illinois. I yield to the leagues today for not raising objections b 1530 gentleman from Virginia. to those results in those States. We All of these acts and actions have Mr. SCOTT of Virginia. Mr. Speaker, need to move on. I hope what we will served to undermine confidence in our functional democracy requires that the do today, Mr. Speaker, is that we will electoral system, disrupt the process of citizens have confidence in an election vote overwhelmingly, Republicans and normalcy, and are beginning to shake process and of course confidence that Democrats alike, just as the other body the very foundation of our democracy. all legitimate votes will be counted. has just voted. I am told the vote was Mr. Speaker, Thomas Paine once Clearly the State of Ohio is not able to 74–1 to turn down the objection in the said, ‘‘The right of voting for rep- provide such confidence.

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD — HOUSE H121 First, there is a significant unex- What happened in Ohio may well It is just the second day of the 109th plained, uninvestigated difference in have been repeated across this country; Congress and the first chance of the exit polling results and the reported yet that is no excuse for us to push the Democrat congressional leadership to election results. There are specific un- irregularities behind us and go on with show the American people what they resolved allegations of other election the business of the day. This is an im- have learned since President Bush’s problems, particularly the long lines in portant enough issue that all the peo- historic reelection, and they can show some precincts that were caused not ple across America want us to address that, but they have turned to what because of an unanticipated voter turn- it, they want us to deal with it, and might be called the ‘‘X-Files Wing’’ of out but because of insufficient voting they want us to correct it. the Democrat Party to make their first machines in the precinct. Other allega- I thank all of my colleagues for giv- impression. tions were widespread and none of ing me an opportunity to be heard, for Rather than substantive debate, these allegations was investigated. giving us an opportunity to address the Democrat leaders are still adhering to I know, Mr. Speaker, that this objec- issue. a failed strategy of spite, obstruction, tion is somewhat awkward because it Mr. CONYERS. Mr. Speaker, will the and conspiracy theories. They accuse does not have the apparent support for gentleman yield? the President, who we are told is ap- the candidate involved, but I believe it Mr. BUTTERFIELD. I yield to the parently a closet computer nerd, of is our responsibility to ensure that gentleman from Michigan. personally overseeing the development Mr. CONYERS. Mr. Speaker, I want election results meet the spirit and let- of vote-stealing software. to thank all the Members of the House ter of our Constitution and that we We are told, without any evidence, who have stayed here with us, who have confidence in the process by dem- that unknown Republican agents stole have participated in the debate, who onstrating that voting schemes and the Ohio election and that its electoral have shared their views, as different as irregularities are not ignored. votes should be awarded to the winner many of them are, because this is the Mr. Speaker, I would hope that we of an exit poll instead. way we work. would take this in consideration as we This debate, I think we all know, will Many observers will discard today’s review this election return so that this not change the outcome of the Novem- petition as a partisan waste of time, does not happen again. ber election. But we do know that out but it is much worse than that. It is an Mr. BUTTERFIELD. Mr. Speaker, I of today’s debate, the Congress will re- assault against the institutions of our rise to address the House. spond to the challenge that has been representative democracy. It is a The SPEAKER. The gentleman from raised here in connection with a better threat to the very ideals it ostensibly North Carolina is recognized for 5 min- system of voting, not just for Ohio but defends. No one is served by this peti- utes. for everywhere. A challenge has been tion, not in the long run. And in the (Mr. BUTTERFIELD asked and was raised here this afternoon to hold true short term, its only beneficiaries are given permission to revise and extend bipartisan hearings to get to the bot- its proponents themselves. his remarks.) tom of not just what went wrong in Democrats around the country have Mr. BUTTERFIELD. Mr. Speaker, I Ohio but around the Nation on Elec- asked since Election Day, and will no rise in support of the challenge. tion Day. This day, the first time in doubt ask again today, how it came to Mrs. JONES of Ohio. Mr. Speaker, our history, that since 1877 this law has this. The Democrat Party, the party will the gentleman yield? been used in which the Senate and the that was once an idealistic, forward- Mr. BUTTERFIELD. I yield to the House have come together to say that looking, policy colossus. The New Deal, gentlewoman from Ohio. an objection has enough merit to keep the Marshall Plan, the Great Society, Mrs. JONES of Ohio. Mr. Speaker, I us here in this discussion. the space program, civil rights. And thank my colleagues for this oppor- Join us. Enact real election reform yet today one is hard pressed to find a tunity to debate this very important and give the citizens the right to an op- single positive substantive idea coming issue. In Ohio there is a bipartisan sys- erative provisional ballot and give all from the left. tem at the county level. However, voters a verifiable paper trail. We Instead, the Democrats have replaced every board of election member serves should never fear this debate in the statecraft with stagecraft, substance at the behest or discretion of the Sec- Congress, and I hope that today we with style, and not a very fashionable retary of State, Kenneth Blackwell, have a fair debate and that 4 years style at that. The petitioners claim who, in fact, was the co-chair of the from now, Mr. Speaker, we have an that they act on behalf of Bush campaign. election that all our citizens can be disenfranchised voters, but no such I want to go on to say that, for exam- proud of. voter disenfranchisement occurred in ple, Secretary Blackwell issued a direc- Mr. DELAY. Mr. Speaker, I rise to this election of 2004 and for that mat- tive to local boards of election man- claim the remainder of the time. ter the election of 2000. dating rejection of voter registration The SPEAKER. The gentleman from b 1545 forms on 80-weight paper. He issued a Texas is recognized for the remainder directive which ultimately was re- of the time. Everybody knows it. The voters versed which resulted in confusion and Mrs. JONES of Ohio. Mr. Speaker, know it, the candidates know it, the chaos among counties with regard to can I ask how much time that is? courts know it, and the evidence proves provisional ballots. The SPEAKER. In the tradition of it. But be that as it may, the objection the House, the gentleman from Texas We are not here to debate evidence, today is raised because there are irreg- will be heard for such time as he may but to act our roles in some scripted, ularities across this country with re- consume. insincere morality play. gard to voting and we as a Congress Mr. DELAY. Mr. Speaker, what is Now, just remember: pre-election have an obligation to step up to the happening here today is amazing but memos revealed that Democrat cam- plate and correct them. All voters not surprising. Mr. Speaker, what we paign operatives around the country ought to be allowed to vote early. are witnessing here today is a shame. A were encouraged by their high com- There should be established a national shame. The issues at stake in this peti- mand in Washington to charge voter holiday for elections to bring attention tion are gravely, gravely serious. This fraud and intimidation regardless of to the importance of voting. We should is not just having a debate. But the whether any of it occurred. Remember, require those working at the voting specific charges, as any objective ob- neither of the Democrat candidates booth to be fairly compensated, ade- server must acknowledge, are not. supposedly robbed in Ohio endorse this quately educated, and sufficiently sup- That is because the purpose of this pe- petition. It is a crime against the dig- ported such that the job importance tition is not justice but noise. nity of American democracy, and that will be elevated. We need to provide It is a warning to Democrats across crime is not victimless. them equipment, whether it is punch the country, now in the midst of soul The Democrat leadership came down card, electronic, whatever it is, that it searching after their historic losses in to the floor and said this is a good de- be fully tested, fully calibrated, and November, not to moderate their par- bate; we ought to be having a debate on that there be a paper trail. ty’s message. this issue.

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H122 CONGRESSIONAL RECORD — HOUSE January 6, 2005 This is not a normal debate. This is a conducting elections. However, I’m dis- questions or concerns when valid voting prob- direct attack to undermine our democ- appointed that subsequent efforts to increase lems arise. Only open debate on this issue will racy by using a procedure to under- the security and reliability of our Increased Ac- solve these problems; only accurate informa- mine the constitutional election that countability Act in the 108th Congress, I sup- tion will quell rumors and conspiracy theories was just held. ported requiring verifiable paper trails for all that question our country’s sacred democratic If, as now appears likely, Democrats voting machines, a step that would provide a tradition. cry fraud and corruption every election significant boost to voter confidence and allow As we are all aware, the former Soviet Re- regardless of the evidence, what will for expedited recounts. Unfortunately, this leg- public of Ukraine’s recent presidential elec- happen when one day voters are rou- islation was not considered prior to the 2004 tions were called into question. After the first tinely intimidated, rights are denied, election, and the House majority leadership re- vote, Members of Congress from both sides of or, God forbid, an election is robbed? fused to even bring it up in committee. This the aisle condemned this election in a foreign What will happen? What will happen issue must be revisited and legislation should country as fraught with irregularities and intimi- when, God forbid, this quadrennial cry- be promptly passed in the 109th Congress. dation. Yet some of these same Members rise Democratic elections are the foundation of ing wolf so poisons our democratic in apparent indignation when irregularities are all democracies, and thousands of Americans processes that a similarly frivolous pe- discussed in our own elections in our own have died—and continue to die every day—for tition in a close election in the future country. They do not want to talk about the the right to vote. The United States of America is actually successful, and the Amer- voting problems in Ohio. Yet these problems should set the standard for fair and accurate ican people are denied their constitu- are real, and they deserve the attention of the elections, and the reported irregularities tell us tional right to choose their own Presi- American people. They provide compelling that we continue to fall short. One need not dent? reasons why the Congress must address elec- believe in conspiracy theories or maintain that Mr. Speaker, Democrats must find a tion reform in the first session of the 109th the outcome in Ohio was invalid to recognize way to rise above this self-destructive Congress. and, yes, plain destructive theory of that we still suffer from serious shortcomings politics for its own sake. A dangerous in our electoral process. The Help America Vote Act of 2002 was a precedent is being set here today, and I urge my colleagues not to let this oppor- good start, a necessary first step, but it was it needs to be curbed, because Demo- tunity slip buy. We must promptly pass elec- inadequately funded and unevenly imple- crat leaders are not just hurting them- toral reforms that will ensure that the results of mented. More attention is needed. We must selves. By their irresponsible tactics, our elections are beyond reproach and accept- ensure that all voting machines have a paper they hurt the House, they hurt the Na- ed by all voters. trail that will ensure a proper recount can be tion, and they hurt rank-and-file Mr. STUPAK. Mr. Speaker, I regret that I conducted. We must eliminate conflicts of in- Democrats at kitchen tables all around was not able to attend today’s vote regarding terest among those who administer our State’s this country. the objection to the November 2004 electoral elections. No Secretary of State should serve The American people, and their an- college results in Ohio. This recorded vote as a Presidential campaign State co-chair as cestors who invented our miraculous was not expected and came up at the last was the case in Ohio this year and in Florida system of government, deserve better minute. I was unable to return for the vote in in 2004. We simply must have independence, than this. This petition is beneath us, time due to bad weather in the Midwest that uniformity and accountability in all elections Mr. Speaker; but, more importantly, it resulted in more than 1,000 flights being de- across our great republic. is beneath the men and women that we layed or cancelled. Due to the problem with These lapses, inconsistencies, lack of re- serve. flights and a prior family commitment, I was sources and conflicts of interest are, Mr. Mr. Speaker, I urge my colleagues, unable to travel back to Washington, DC from Speaker, worth discussing. Michigan. Had I been in attendance I would both Democrat and Republican, to do Again, I thank those who brought this objec- the right thing. Vote ‘‘no,’’ and let us have voted ‘‘no’’ on agreeing to the objection. However, I have very serious concerns tion. These two Members of great courage get back to the real work that the about the voting irregularities that occurred in and integrity have given this country a plat- American people hired us to do. Ohio. I believe those problems have not been form for reform. Only a proper review of our Mr. PASCRELL. Mr. Speaker, I strongly be- properly addressed by Ohio’s Secretary of voting processes will stop these kinds of elec- lieve that every vote should be counted. There State, who also served as the State’s Repub- toral abuses, and I urge the House leadership were obviously irregularities in the Ohio vote lican Party leader. to make this effort an immediate priority of the and I urge that they be thoroughly investigated It is my hope that these specific problems 109th Congress. by this Congress and the Department of Jus- will be further investigated and that by the Mr. SCOTT of Virginia. Mr. Speaker, a func- tice. We have an obligation to resolve the 2008 presidential election our Nation’s elec- tioning democracy requires that the citizens problems that have been documented. How- toral process will be more fair, more open and have confidence in its election process, and of ever, I would have voted against the motion more accessible than it was in 2004. course confidence that all legitimate votes will because I do not believe this to be the proper Mr. MEEK of Florida. Mr. Speaker, Ohio be properly counted. We saw the importance occasion to address this important issue. was granted an opportunity today not afforded of this principle in the recent Ukraine national Ms. ESHOO. Mr. Speaker, the debate today to my home state of Florida in 2000, and for election and in the Washington State Gov- is not about contesting the results of the last that I am thankful. I express my gratitude to ernor’s election. November’s election. Today’s debate cuts to Congresswoman STEPHANIE TUBBS JONES of Clearly, the State of Ohio is not able to pro- the essence of our democracy—the founding Ohio and Senator BARBARA BOXER of Cali- vide such confidence. First there is a signifi- principle of our country—the right to vote. fornia for raising this objection, but I feel that cant, unexplained and un-investigated dif- Clearly, the right to vote is dependent on the we must now move past the documented vot- ference in exit polling results and the reported assurance that all voters have access to the ing irregularities that plagued the State of election results. Then, there are many specific, polls and that all votes will be counted. But Ohio. since the presidential election in 2000 the The purpose of this objection is not to serious, unresolved allegations of voting irreg- American public has grown increasingly wary change the outcome of the 2004 Presidential ularities in Ohio. For example, strong evidence of the accuracy and integrity of our elections, election, but to raise awareness to the dif- exists to indicate that in some predominately and I applaud my colleagues for their efforts to ficulty faced by thousands attempting to cast Black precincts, voters had to stand in line to bring focus to this issue. It’s essential that we their ballots for President in Ohio. Following vote for as much as 10 hours due, not to an bring attention to the serious problems facing the 2000 election, the people of America were unanticipated voter turn out, but to a clearly in- our electoral system. promised sweeping electoral reforms aimed at sufficient number of voting machines at the It’s up to Congress to restore confidence in preventing problems like those that happened precinct. our elections, and I call on all Members to in 2000, but those promises were only partially Other allegations include evidence that nu- make this a priority in the 109th Congress. kept. This body let the voters of this country merous requests for provisional ballots were The 2000 Presidential Election spurred a se- down, and we simply need more reform. improperly denied, that the counting of provi- ries of reforms, and Congress took important There is still too much room for error in our sional ballots violated the Help America Vote first steps to improve our system of voting. I election law and we must be earnest in ad- Act and that there were over 90,000 ballots was proud to cosponsor the Help America dressing these lapses. cast which were set aside as spoiled ballots Vote Act, which did much to upgrade our elec- We know that elections are not perfect, but without justification. Not one of these allega- toral process and create national standards for no American should be castigated for raising tions was officially investigated.

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 9920 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD — HOUSE H123 Now I know that this objection is somewhat technological barrier to provide a receipt in re- Mr. BISHOP of Georgia. Mr. Speaker, I rise awkward because it does not have the appar- turn for a vote. today, not with the hope of overturning an ent support of the candidate involved, but I be- This is America. We are the incubator for election, but with the hope of overturning a lieve it is our duty and responsibility to assure democratic evolution. We are a beacon to the system that has for too long failed to guar- that election results meet the spirit and the let- free world. Ohio had special problems this antee every American their most basic right, ter of our Constitution and that we instill con- time, but they are problems we can fix, and the right to vote. fidence in the process by demonstrating that when we fix them in Ohio, we will have made Our very democracy was founded on the voting schemes and irregularities are not ig- the progress in 2005 that we failed to make essential right of citizens to have a voice in nored. over the last 4 years. their government. As Members of Congress Mr. MEEKS of New York. Mr. Speaker, al- I am voting to support this challenge to the we are sworn to uphold the Constitution of the though I will not file an objection to the count- certification of Ohio’s vote as a legitimate and United States, which includes the 13th and ing of Ohio’s electoral votes, I rise today to ac- constructive beginning to a more perfect de- 19th Amendments, and I am quite frankly sad- knowledge the voting discrepancies and irreg- mocracy and a more perfect union. dened that such a debate today breaks down ularities that occurred in the State of Ohio in Mr. HOLT. Mr. Speaker, this debate is not along party lines. Each and every one of us as this past presidential election. frivolous. This is not about sour grapes. This Americans should stand to defend this right, to As is evident in my colleague JOHN CON- is not about conspiracy theories. This is about protect and guarantee that every citizen, YERS’s voting rights status report, Ohio has the central act of democracy. black, white, male, female, Democrat or Re- failed to provide the opportunity for its citizens Here in the House of Representatives all publican, has the opportunity to cast a vote. to have equal access and opportunity to cast members have been elected. Some of us As representatives we should not fear the their vote and have that vote accurately count- have been elected in recounts. will of the people; we should not fear a debate ed. What are recounts? They are independent here on the floor of the House seeking to shed Many voters were denied provisional ballots checks of the tally. light on and improve our voting system, rather and some eligible voters were improperly Reliable knowledge is verifiable knowledge. we must fear any threat to our right to vote. purged. Others were given erroneous informa- As my colleagues know, I am a scientist. It is We must take seriously any allegation that tion as to where and when they could vote. a principle of scientific thinking that one per- would deprive any citizen of this right, let The State provided insufficient resources to son’s claim must be subject to independent alone the serious and widespread allegations minority precincts, resulting in long lines that confirmation or correction. that are being make in Ohio. caused delays up to 10 hours, forcing some I agree with Senator JOHN KERRY. We The debate today is not about the election voters to have to leave those lines to tend to should today award Ohio’s electoral votes to of George W. Bush, rather it is about the in- personal obligations. President Bush. I believe President Bush got tegrity and the future of our voting system. There were rampant incidents of voter in- more votes in Ohio then did Senator KERRY. I Today we are challenging ourselves to do bet- timidation, deceptive phone calls and fraudu- believe it. I cannot confirm it. No one can con- ter. We are challenging ourselves to examine lent fliers on official looking letterhead. firm it. our voting system, to get to the bottom of what The lack of a verifiable paper trail by some Consider electronic voting machines. If there went wrong in Ohio and around the Nation on of the electronic voting machines contributed was an error between the voter casting the Election Day. We need to hold hearings. We to a questionable vote count. vote on the touch screen and the recording of need to conduct an investigation and we need Clearly, Ohio’s election officials, including an electronic signal in a memory bank, no one to pass legislation that puts in place specific Secretary of State Blackwell, have questions will ever know. It might be a software error; it federal protections for our federal elections, to answer regarding these disturbing irregular- would not necessarily be a malicious con- especially in the areas of auditing electronic ities. spiracy. But if the vote is recorded incorrectly, voting machines and casting and counting pro- How can we encourage free and fair elec- no one will ever know. visional ballots. We must be willing to hold the tions in Iraq, a country that may soon become I ask my colleagues, can anyone say he or same light on our election system that we hold a fledgling democracy, when we can’t ensure she knows that the actual vote is what has on nations such as Afghanistan, Ukraine, and free and fair elections in America after 200 been presented to us? The answer is no. Iraq. How can we serve as a model for de- years of democracy. None of us can say this knowledge has been mocracy, when our own citizens lack faith in As a Member of Congress it is my duty to independently verified. It is not reliable knowl- our democracy? uphold the right of the people to have free and edge unless it is verified knowledge. This is That is what today is about, restoring faith fair elections of their government officials. It is not a philosophical fine point. Americans don’t in our system. This can not be accomplished my hope that this Congress will work together want to and should not have to take the re- by simply accepting the status quo and allow- in the coming months to enact real election re- sults simply on faith. The electronic machines ing opportunities such as today to pass with- form that will restore America’s confidence in used in Ohio and most other States are not out objection. The only way to change an in- the electoral process. designed to be verifiable. Recounts are mean- justice is to stand against it. Mr. Speaker, this Mr. MARKEY. Mr. Speaker, I thank Rep- ingless. is why I rise today. We must not accept the resentative TUBBS JONES and Senator BOXER Self-government works only if we believe it status quo, rather we must challenge our- and Representative JOHN CONYERS for forcing does. A loss of confidence in our system is selves to do better. This is what we do as this institution, and thus our Nation, to debate fatal to a democratic republic such as ours. Americans and this is what I am challenging the quality of our democratic voting process That confidence has been eroded over the us to do today. and to consider whether it meets the expecta- years and has taken some body blows in re- Ms. CORRINE BROWN of Florida. Mr. tions of its people. Speaker, in the aftermath of the 2000 election, If we are to form a more perfect union, we cent years. We need a major effort to shore up our de- in which my congressional district witnessed must dedicate ourselves to forming a more mocracy. the discarding of 27,000 votes, I am dis- perfect voting process. pleased to see that the Congress is here Four years ago, this Nation shuddered at Americans are a trusting people, but we de- again today, 4 years later, continuing to con- the weakness of our ballot process, and mand evidence. We demand verification. front many of the same problems we faced in vowed to improve it. We are also a pragmatic people, and so we But in some respects, it was weakened fur- in the House will not upset the apple cart the previous election. Many Members of Con- ther. today. Without doubt we will endorse the elec- gress here to voice their own concerns, as The ballot was weakened when votes were toral votes presented to us today. But we well as echo those of citizens across the allowed to be cast without a printed record. should not be satisfied. Republicans should county, are engaging in floor debate to pub- The ballot was weakened when the vote not be satisfied. Democrats should not be sat- licly enunciate their doubts and worries with took so long that voters had to choose be- isfied. The reason is not that President Bush respect to the veracity and/or fairness of the tween voting and missing a day’s work. got more votes. The reason is that the knowl- 2004 election. The goal of my colleagues is The ballot was weakened when provisional edge of President Bush’s majority is unreliable not so much to systematically overturn the ballots were not honored. knowledge. 2004 election results, but rather, to bring We must confront the fact that electronic Anything of value should be auditable. about honest and open debate today to the voting machines that do not provide a ‘‘print Votes are valuable. Each voter should have House floor. Clearly, a formal challenge to the our’’ are a black hole. the knowledge that the vote is recorded as in- election’s outcome could not change the re- We can do better. Our ATM machines give tended. We are talking today about the heart sults, but what it can do is to at least force receipts in return for cash. It is clearly not a of our democratic republic. both Chambers to engage in open debate and

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 9920 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H124 CONGRESSIONAL RECORD — HOUSE January 6, 2005 speak clearly about the serious flaws we have Voter Registration Coalition projects that in campaigns. Lastly, we saw once again that experienced in our last two presidential elec- Cuyahoga County alone over 10,000 Ohio citi- the Florida elections supervisors were on the tions. I believe this debate is beneficial for our zens lost their right to vote as a result of of- verge of incorrectly purging thousands of Flor- ficial registration errors. democracy, particularly in light of recent There were 93,000 spoiled ballots where no ida citizens from the voting rolls, an action events that went on in my State in Florida, as vote was cast for president, the vast major- which fortunately was never completely carried well as apparent discrepancies in Ohio. ity of which have yet to be inspected. The out because of a CNN lawsuit requesting to With respect to the Ohio vote count, I find problem was particularly acute in two pre- see the names on their list. the objections stated by my close friend and cincts in Montgomery County which had an Let us remember that during the 2000 elec- colleague, Congresswoman STEPHANIE TUBBS undervote rate of over 25 percent each—ac- tions, in my district alone (Duval County) there JONES, to be most disturbing. According to her counting for nearly 6,000 voters who stood in were approximately 27,000 ballots that were press statement, among the numerous dis- line to vote, but purportedly declined to vote spit out by faulty machines. A disproportion- for president. crepancies in her state, perhaps the most There were numerous, significant unex- ately large percentage of these votes came egregious included: ‘‘large percentages of re- plained irregularities in other counties from City Council Districts 7, 8, 9 and 10, pri- jections among provisional ballots, numerous throughout the state: (i) in Mahoning county marily African American residential areas. problems with voting machines, and significant at least 25 electronic machines transferred Even more disturbing to me was that the Su- flaws in registration processes and proce- an unknown number of Kerry votes to the pervisor of Elections’ office didn’t release dures.’’ These very serious concerns, I be- Bush column; (ii) Warren County locked out these figures to local officials until after the 72 lieve, deserve to be discussed and debated by public observers from vote counting citing hour deadline had passed. As a result, there the Congress, in an open public forum in full an FBI warning about a potential terrorist were no legal avenues to demand a recount. threat, yet the FBI states that it issued no Moreover, it often goes unpublished that view of the American public. such warning; (iii) the voting records of In addition, I would like to enumerate nu- Perry county show significantly more votes Florida Governor Jeb Bush spent $4 million of merous other discrepancies that were con- than voters in some precincts, significantly taxpayer money to purge a list of suspected tained in a report put out by the Judiciary less ballots than voters in other precincts, felons from the rolls across the State: but Committee entitled, Preserving Democracy, and voters casting more than one ballot; (iv) whether or not this list was accurate was of lit- What Went Wrong in Ohio, about the 2004 in Butler county a down ballot and under- tle importance to Governor Bush. Apparently, elections: funded Democratic State Supreme Court it was the responsibility of the accused citizen candidate implausibly received more votes The misallocation of voting machines led to correct his or her status. Only later did we than the best funded Democratic Presi- to unprecedented long lines that learn that the reason many of the people were dential candidate in history; (v) in Cuyahoga disenfranchised scores, if not hundreds of county, poll worker error may have led to incorrectly purged (estimates go as high as thousands, of predominantly minority and little known third party candidates receiving 50–57,000) was merely because their name Democratic voters. twenty times more votes than such can- was the same as, or similar to, one of the Mr. Blackwell’s decision to restrict provi- didates had ever received in otherwise reli- purged felons. For this reason, during the sional ballots resulted in the disenfranchise- ably Democratic leaning areas; (vi) in Miami ment of tens, if not hundreds, of thousands of 2000 elections, some of the local election su- county, voter turnout was an improbable and voters, again predominantly minority and pervisors went so far as to refuse to purge highly suspect 98.55 percent, and after 100 Democratic voters. names from the list of their voter rolls be- percent of the precincts were reported, an Mr. Blackwell’s widely reviled decision to cause, they argued, ‘they did not have faith in additional 19,000 extra votes were recorded reject voter registration applications based for President Bush. how the state compiled its list of disqualified on paper weight may have resulted in thou- Third, in the post-election period we voters.’ sands of new voters not being registered in learned of numerous irregularities in tal- Moreover, as part of a grassroots effort to time for the 2004 election. lying provisional ballots and conducting and encourage voters, particularly minorities, to get The Ohio Republican Party’s decision to completing the recount that disenfranchised engage in preelection ‘‘caging’’ tactics, se- out to the polls, I organize motor voter drives. thousands of voters and call the entire re- lectively targeting 35,000 predominantly mi- Yet during the last election, many voters, es- count procedure into question (as of this nority voters for intimidation had a negative pecially African Americans, were wrongly date the recount is still not complete): purged from registration lists, and many who impact on voter turnout. Mr. Blackwell’s failure to articulate clear The Ohio Republican Party’s decision to and consistent standards for the counting of had signed up at state motor voter vehicle of- utilize thousands of partisan challengers provisional ballots resulted in the loss of fices never had their voter registration fully concentrated in minority and Democratic thousands of predominantly minority processed. As a result, these voters were areas likely disenfranchised tens of thou- Mr. Blackwell’s failure to issue specific disenfranchised as well. It is for this reason sands of legal voters, who were not only in- standards for the recount contributed to a that provisional balloting is so important timidated, but became discouraged by the lack of uniformity in violation of both the long lines. Shockingly, these disruptions (wherein if a voter has not re-registered after Due Process Clause and Equal Protection moving within the same county, he or she may were publicly predicted and acknowledged by Clauses. Republican officials: Mark Weaver, a lawyer The voting computer company Triad has cast a provisional ballot at the polling place of for the Ohio Republican Party, admitted the essentially admitted that it engaged in a their current residence). Unfortunately, to this challenges ‘‘can’t help but create chaos, course of behavior during the recount in nu- day, the state of Florida STILL does not com- longer lines and frustration.’’ merous counties to provide ‘‘cheat sheets’’ to pletely follow through with provisional balloting Mr. Blackwell’s decision to prevent voters those counting the ballots (Preserving De- because, in Florida, if one casts a provisional who requested absentee ballots but did not mocracy, What Went Wrong in Ohio, A Re- receive them on a timely basis from being ballot in a voter precinct which is not their port Put out by Democratic Judiciary Com- own, their vote will be discarded. able to receive provisional ballots likely mittee Staff). disenfranchised thousands, if not tens of To close, I reiterate that I strongly support thousands, of voters, particularly seniors. A Moreover, in my State of Florida, the prob- today’s Floor discussion, and pledge to con- federal court found Mr. Blackwell’s order to lems that surfaced regarding the 2004 election tinue to do everything within my capacity as a be illegal and in violation of HAVA. related more to pre election irregularities. Ex- Member of Congress, and as the Democratic Second, on election day, there were numer- amples are plentiful, examples include: Duval Party’s Voting Task Force, to improve our vot- ous unexplained anomalies and irregularities County, where I had to personally fight to get ing system to ensure that everyone’s vote is involving hundreds of thousands of votes additional early voting locations in the county counted in future elections, and that our de- that have yet to be accounted for: so citizens could vote early if they so desired; There were widespread instances of intimi- mocracy remains just that, a democracy, not a dation and misinformation in violation of in Orlando, along with many of my Florida col- plutocracy ruled by the elites. the Voting Rights Act, the Civil Rights Act leagues, I demanded a Department of Justice Ms. MCKINNEY. Mr. Speaker, many have of 1968, Equal Protection, Due Process and investigation into police misconduct and voter suggested that those of us committed to see- the Ohio right to vote. Mr. Blackwell’s ap- intimidation, in which the Florida Department ing a complete and accurate count of the Ohio parent failure to institute a single investiga- of Law Enforcement officers intimidated elderly vote in this past November’s Presidential race tion into these many serious allegations rep- members of Orlando’s black community, should simply ‘‘just get over it’’. resents a violation of his statutory duty wherein armed plain clothes police in Orlando Well this Member of Congress has sworn an under Ohio law to investigate election irreg- went house to house to question, or rather in- oath to ‘‘uphold and defend’’ our nation’s Con- ularities. We learned of improper purging and other timidate, dozens of elderly African American stitution, and I do not believe that our commit- registration errors by election officials that voters in their own homes. It is not surprising ment to Democracy is anything we should ‘‘get likely disenfranchised tens of thousands of to me that many of the people that were ques- over’’. In fact, our commitment to democracy voters statewide. The Greater Cleveland tioned were volunteers in get out the vote is something I believe we must deepen and

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 9920 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD — HOUSE H125 expand until this dream is transformed into a We need: calls into question the validity of our electoral reality for every citizen of this nation. A Constitutional right to vote; process. But democracy is not to be achieved by an Uniform standards for the conduct of elec- However, the larger picture requires that we investment in the latest computer technology tions and recounts; must engage a debate of our voting process (even if computers can help us administer our A contemporaneously produced voter as it represents the bedrock of our democratic elections). It is not achieved by rhetoric and verified paper trails for electronic voting ma- society. flags, pomp and feel good myths of what a chines; The Judiciary Committee, under the request great nation we are. An end to the use of trade-secret protected, of Congressman JOHN CONYERS, found that Democracy will only be achieved by listen- proprietary software for voting machines; voter registration applications were incorrectly ing closely to the intention of the voters and Independent election commissions (or ad- rejected; registered voters were wrongfully hearing clearly from them what a great nation ministrators) to oversee elections. (No cam- purged from the rolls; inadequate numbers of they wish this to be. paign officials should ever again be placed in voting machines were used resulting in voters I’m afraid that has not happened in Ohio nor charge of counting or overseeing the vote); waiting hours to vote; and voter intimidation likely in other states this year. and and misinformation was insidious at voting Predominantly African-American precincts The abolition of the Electoral College, re- sites. This caused the disenfranchisement of and campus precincts saw localized shortages placing it with popular vote using Instant Run- thousands of voters across the country. of voting machines leading to long lines frus- off Voting. Mr. Speaker, I represent the voices of my trating would-be voters who left for work with- As can be learned at votecobb.ord, the re- constituents in the 37th district of California out casting a ballot. Precincts in affluent, white count documented wide spread evidence of who are calling on this Congress to fully fund and Republican suburbs did not suffer such fraud, the obstruction of legitimate votes (es- the Help American Vote Act. I have also called problems. pecially those cast by African Americans and on the President to fully fund HAVA to remedy Phone calls and fliers targeted African young people), and computer voting machine the ill-fated processes and procedures that American voters sending them to vote on the manipulation. The Ohio recount was tainted by currently exist. a lack of cooperation, the failure to follow con- wrong day at the wrong locations. Our country cannot be seen as the example sistent standards, and conflicts of interest by Long-time voters ‘‘disappeared’’ from voting of democracy in the world when there are Republican election officials. rolls. lines of voters wrapped around the corner un- Voting machines ‘‘defaulted’’ to Bush votes A constituent of mine from Chamblee Geor- able to vote and exercise this fundamental regardless of which candidate the person gia wrote that ‘‘If Senate Democrats remain si- right. voted for. lent on Thursday, and we see a repeat of their We must do everything in our power as a People were forced to vote provisionally if 2000 endorsement of a manipulated election, representational body to make sure that every they were in the right county but the wrong the Democratic Party will have abandoned all voter votes and that every vote is counted. We precinct. Sometimes the right precinct was lit- claims to be the opposition. Americans who must reform our election process so that the erally only one table away. care about democracy and fair elections And as we did in Georgia—I’m sorry to say, should understand such silence as an en- outcome of future elections will not bring us too many voters in Ohio cast ballots on ma- dorsement of the kind of Republican election again to this same place. chines running trade secret protected, propri- engineering we witnessed in Ohio and of the I will continue to call for further hearings that etary software, which produced no contem- Bush agenda.’’ will help alleviate the irregularities in voting, poraneously voter verified paper audit trail of The founders ratified our Constitution, but and put into action the implementation of vot- their votes, leaving voters intentions subject to under popular protest very quickly adopted a ing best practices. untraceable electronic manipulations. set of amendments demanded by the people. Ms. DEGETTE. Mr. Speaker, the American The Green and Libertarian Presidential can- Among those first changes to our governing electoral system is the paragon of democracy didates demanded a recount because the sto- Constitution were two Amendments designed for the world. Therefore, we must hold our- ries of vote suppression and manipulation to ensure that our nation would continue to selves to the highest standards when we con- were so blatant. Three thousand volunteers serve the people of this nation. The First duct elections. There can be no doubt about and six thousands contributors came together Amendment guarantees our right to petition, the outcomes, no questions about fairness or to make that recount possible. speak, write and assemble: in short to orga- fraud. Where there is even a whiff of impro- But Secretary Blackwell, charged with pro- nize politically to change our form of govern- priety, we have an obligation to act, and in a viding for free and fair elections for the people ment. The Second Amendment was adopted bipartisan manner. of Ohio fell short. While the law requires that to ensure the ‘‘security of a free State.’’ If we The fundamental underpinning of our de- precincts be selected randomly for spot cannot protect the sanctity of the vote and mocracy is our guarantee that every citizen checks, many counties hand-picked precincts those First Freedoms, we risk leaving our citi- has the right to vote. Over the last 225 years in violation of the law. zens no choice but to reach for the Second we have worked slowly, but steadily, to ex- Ohio law requires that a discrepancy be- Amendment in their own defense. pand this right. We have corrected grievous tween the machine count and the hand count There have been 1,341 U.S. soldiers, in- injustices that once prevented too many of our in a spot checked precinct lead to a full re- cluding twenty-nine Georgians and two from fellow citizens from having a voice in our de- count by hand of the entire county. But these my district that have so far lost their lives in mocracy. Despite these efforts, sadly, we have hand recounts were not conducted as re- our occupation of Iraq. I grieve with the fami- had serious evidence of improprieties in both quired. lies for their loss. But what are we to do when of the last Presidential elections. In 2000, the The integrity of the recount itself was put at we attempt to export democracy abroad when disenfranchisement of Florida voters took that risk by lax security for the ballots and the vot- we can’t seem to even produce it at home. election all the way to the U.S. Supreme ing machines, which failed to maintain a chain Ms. MILLENDER-MCDONALD. Mr. Speaker, Court. The 2004 Washington State guber- of custody for election materials. today it is with a respect of my past ancestors natorial election took over 6 weeks to resolve, Credentialled observers were denied an op- that I rise to list my name with my fellow col- and the Ohio voting process gives rises to portunity to meaningfully observe the recount leagues, who have come to address the dis- grave concerns. process, were threatened with eviction for ask- enfranchisement of many voters who were un- In Ohio, and other states, voters in far too ing questions and completed their work still able to cast their votes in the most funda- many precincts faced significant obstacles unable to assure the voters that the certified mental exercise of democracy—voting for the when they tried to vote. Ten-hour lines to vote, results accurately reflected the collective inten- President of the United States. a lack of sufficient ballots, wrongly purged or tion of the voters in their counties. As the sole member of the Congressional inaccurate voter registration roles and The Ohio Secretary of State failed to pro- Black Caucus and the only woman to serve on miscalibrated voting machines are unaccept- vide adequate and uniform standards for the the Committee on House Administration, I able. These actions not only call into question conduct of the recount. have received numerous letters from constitu- the integrity of our election results, they de- Perhaps as disturbing as anything else, was ents and citizens whose outcry is of faulty prive individuals of the right to vote that too that Ohio Secretary of State J. Kenneth equipment and irregularities in this last Presi- many people have fought and died to protect. Blackwell mixed his non-partisan duties to the dential election. We should have learned our lesson after the voters of Ohio with his partisan duties as the Mr. Speaker, the breadth and depth of what 2000 election. I supported and co-sponsored co-chair of the his state’s Bush Re-election occurred in Ohio surrounding this past Presi- strong voting reform legislation, including the campaign. dential election is astounding and naturally Help America Vote Act. This was the most

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 9920 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H126 CONGRESSIONAL RECORD — HOUSE January 6, 2005 comprehensive package of voting reforms Until we fix the problems mentioned today, we today and what this process has become. I’d passed by Congress since the Voting Rights will never be able to say with confidence that like to start by pointing out just a few facts. Act of 1965. It marked a first step, but only a every vote has been counted, and counted County boards of elections in Ohio are bi- first step in modernizing our electoral process correctly and fairly. Election reform must be a partisan—made up of two Republicans and nationwide. top priority of the 109th Congress. two Democrats. These individuals routinely put While Congress did pass legislation, the Mrs. DAVIS, of California. Mr. Speaker, the in 12–15 hours a day for 3 months to oversee 2004 election shows that we have not gone 2004 election is over, and the results are in. elections in Ohio. I’ve spoken with Democratic far enough to restore integrity to the process. I am not here today to dispute which can- members of the boards of elections in the We cannot continue to ignore this problem. didate won the election. I join my colleagues counties I represent. They too have expressed We cannot allow Americans to be unjustly de- today in expressing concern, however, about disappointment. In fact, not one board of elec- prived of our fundamental right to vote or of the irregularities that have been documented tions official has raised complaints. anyone to doubt the outcome of our elections. from the election in Ohio. In fact, Franklin County Board of Elections Congress must develop a comprehensive and Mr. Speaker, we can argue all day about Chairman William Anthony has gone so far as bipartisan solution to the problems that still what did or did not happen with the election in to label those making these wild charges ‘‘a plague our system. Ohio, the procedures that were or were not band of conspiracy theorists.’’ By the way, An- I commend the gentlewoman from Ohio for used there, or about the voting machines. The thony is also head of the Franklin County raising this issue, and commit to work with her issue we are addressing today, however, is Democratic Party. I know him personally, as I and the rest of my colleagues in our con- the fundamental right of every American to do others who serve on the boards of elec- tinuing quest to assure that all Americans’ vote. I am not challenging the outcome of the tions in the three counties I represent. votes are counted. past election today. What I am challenging is Democrat or Republican, they badly want Mr. DEFAZIO. Mr. Speaker, as even the the fact there are people in America who have their candidates to win. But above all else, sponsors of today’s challenge to the Ohio vote been denied the right to vote. And that, Mr. they want to ensure that everyone eligible to acknowledge, the protest is not intended to try Speaker, is wrong. vote has an opportunity to do so, and that to overturn the results of the 2004 election. People from around the world watched the each vote is counted accurately. President Bush won the state of Ohio and the State of Ohio with great interest on Election Were there problems? Certainly. Long lines, popular vote. Day. Widespread reports of irregularities and not enough voting machines, these are things However, like in 2000, the most recent elec- waiting times in excess of 4 hours were ex- we can discuss. But, we must also acknowl- tion was marred by multiple irregularities, alle- tremely troubling to all of us. edge that these are problems that occurred gations of fraud, and technical challenges. To- I just returned from the Ukraine, where across the board—urban and rural, Repub- day’s debate provides an important oppor- some of my colleagues and I had the privilege lican and Democrat. tunity to discuss on the House floor our con- to observe the second election there. As we The Republicans and Democrats who tinuing concerns about the integrity of our are all well aware, incidence of irregularities, served on each county board of elections de- electoral process, which has been called into voter intimidation and fraud during the first cide on the placement of voting machines question by the last two Presidential elections. Ukrainian election were widespread and well jointly. I don’t think the Democrats would Others have mentioned many of the specific documented. People from all over the world agree to a plan that would cost their can- concerns about the process in Ohio. Many of watched both of the Ukraine elections. And we didates votes by shifting machines away from these problems were seen in other states as have all been deeply moved by the success of where their supporters cast ballots. well. In response to the widespread problems, democracy there. The triumph of the Ukrainian Second, there were lines everywhere be- I wrote to the Government Accountability Of- people’s will has been profound. cause of unprecedented turnout. As The Co- fice in November requesting an investigation Mr. Speaker, a success for the democratic lumbus Dispatch pointed out after the election, of these irregularities and a review of whether process like the one we just witnessed in the the busiest places to vote were not in the tougher federal voting standards are nec- Ukraine doesn’t just happen on its own. It urban areas of Columbus, but in the suburbs. essary to resolve them. While Congress did takes the courage and conviction of a coun- All editorial boards of the major newspapers approve election reform legislation in response try’s citizens to rise up and challenge what in Ohio have said what we are doing today is to the problems in 2000, more needs to be they feel is wrong. If the people feel that irreg- over the line. From the Cleveland Plain Deal- done to restore the integrity of the electoral ularities or intimidation have taken place, they er, ‘‘The election horse is dead. You can stop process. must stand up to it. They must shed light on beating it now.’’ One of the most blatant shortcomings is the it. They must insist it be prevented from ever Everybody talks about how partisan this lack of a paper trail for many electronic voting happening again. town has gotten. I wonder why—look at how machines. In 2003, I cosponsored legislation Much of the international community, includ- we’re starting the 109th Congress. to rectify this problem. Regrettably, the Repub- ing the United States, has contributed money, In closing, I’d like to say a few words to lican Congress refused to act on it. So we training and resources to help build democ- boards of elections members—and all other headed into this last election knowing that racy in countries like the Ukraine. Having the elections workers—that they might not have electronic votes could not be verified or re- opportunity to go to the Ukraine, and to wit- heard recently: counted manually. Damaged machines and ness the process first hand, was an incredible Thanks. Your hard work is appreciated. programming errors have actually expunged experience for me and for my colleagues who Mr. CONAWAY. Mr. Speaker, several mem- all records of votes in isolated instances. That were with me. To see the people in the bers have mentioned the inconvenience that is unacceptable. I will continue to pressure the streets, and to observe their profound sense many voters may have experienced on voting Republican leadership to allow a vote on this of satisfaction with the election was very pow- day by having to stand in line to wait their turn issue. erful. It was clear to all of us who were there to vote. In addition, I asked GAO to review the need that the Ukrainian people had come to believe I want us to put that inconvenience into a for open-source computer code for these ma- that people truly are empowered to challenge proper perspective. It goes without saying we chines. The new technology must be acces- injustices when they occur. should eliminate any barrier to voting that we sible for review and audit. The voting public Mr. Speaker, I cannot escape the parallels reasonably can eliminate. That said, one day must be certain that the system cannot be ma- we should draw between the issue we are ad- last year the Afghan people got up early one nipulated, and that their vote is recorded prop- dressing today and my experiences during the morning, put on their best clothes and set out erly and accurately regardless of what system Ukrainian elections. In large numbers, the to vote for the first time. They left the safety they use. Ukrainian people took to their streets—not to of their homes to vote at the express threat to And, I asked that the investigation review support a particular candidate—but to support their safety and very lives. They were threat- the need for uniform and simple standards for democratic principles and the right for each ened with being shot and killed or maimed by counting provisional ballots, registering voters, person’s vote to be counted fairly and bombs. In addition, many stood in line all day and identification requirements at polling unencumbered. I am heartened that America to vote. places. I believe strong federal standards in has been able to offer assistance to countries I believe we should look to the Afghan peo- these and possibly other areas are necessary like the Ukraine in establishing democracy. ple for an example of how to fulfill our respon- for federal elections. The varied standards What we must realize, however, is that Amer- sibility to vote. from state to state, and even within states, se- ica may indeed have a few things to learn Mr. SHUSTER. Mr. Speaker, I’ve been rath- riously endanger the integrity of our elections. from their experience as well. er mystified over the reaction to the recent We need to insure the integrity of our elec- Mr. TIBERI. Mr. Speaker, I rise today to ex- election by many Democrats. Since the No- toral process is absolutely beyond question. press my disappointment with where we are vember election, when a political opportunity

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 9920 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD — HOUSE H127 arises, some on the other side of the aisle Conaway Kennedy (MN) Pryce (OH) Jenkins Millender- Slaughter shout out words like ‘‘fraud’’ and ‘‘sham.’’ If Costa Kennedy (RI) Putnam Johnson (CT) McDonald Smith (WA) Cox Kildee Radanovich Johnson (IL) Miller (FL) Souder they aren’t doing that they demean what the Cramer King (IA) Rahall Jones (NC) Miller, Gary Stark people in the red states did on Election Day Crenshaw King (NY) Ramstad Kelly Moran (KS) Stearns and call them insulting names. Cubin Kingston Regula Kind Neal (MA) Stupak Cuellar Kirk Kolbe Ortiz If this all seems to be the reaction of a Rehberg Sullivan Culberson Kline Reichert LaHood Otter Sweeney Langevin Pascrell shell-shocked party who has lost any vision Cummings Knollenberg Renzi Tancredo Davis (AL) Kuhl (NY) Lantos Paul and has moved to a vicious attack cycle—it is. Reyes Tanner Davis (CA) Larson (CT) Larsen (WA) Pearce Reynolds Tauscher The hard truth is that 58 million people voted Davis (FL) Latham Leach Pickering Rogers (KY) Terry for President Bush. And the even harder truth Davis (KY) LaTourette Lofgren, Zoe Rangel Rogers (MI) Thompson (CA) is that the majority of this country voted for Davis, Jo Ann Levin Ros-Lehtinen Lowey Rogers (AL) Lynch Rohrabacher Towns President Bush, no matter how you try to con- Davis, Tom Lewis (CA) Ross Maloney Roybal-Allard Udall (CO) Deal (GA) Lewis (KY) Rothman fuse it. No proven allegations of fraud. No re- DeGette Linder Matheson Ruppersberger Vela´ zquez Royce DeLauro Lipinski McCarthy Rush Walden (OR) ports of widespread wrongdoing. It was, at the Ryan (OH) DeLay LoBiondo McDermott Sanchez, Loretta Walsh end of the day, an honest election. Ryan (WI) Dent Lucas McIntyre Schiff Weldon (FL) Ryun (KS) My concern with this protest, is its overtly Diaz-Balart, L. Lungren, Daniel Meeks (NY) Serrano Wexler Sabo partisan nature. I notice that my colleagues Diaz-Balart, M. E. Menendez Shays Wilson (SC) Salazar Dicks Mack Mica Shimkus Wynn are quick to criticize the vote in Ohio, a state Sa´ nchez, Linda that the President carried. Yet we have heard Dingell Manzullo Michaud Skelton Drake Marchant T. little about potential problems with voting in Dreier Marshall Sanders SWEARING IN OF MEMBER-ELECT states that Senator KERRY won. Rumors of Duncan McCaul (TX) Saxton The SPEAKER (during the vote). voter problems have been reported in states Ehlers McCollum (MN) Schwartz (PA) Will the gentleman from Georgia (Mr. Emerson McCotter Schwarz (MI) other than Ohio, including my own state of Engel McCrery Scott (GA) NORWOOD) please come to the well of Pennsylvania. But the focus today seems to English (PA) McGovern Scott (VA) the House and take the oath of office only be on a state carried by President Bush; Etheridge McHenry Sensenbrenner at this time. and that leads me to believe that today’s pro- Feeney McHugh Sessions Mr. NORWOOD appeared at the bar of Ferguson McKeon Shadegg test is about the outcome not about the proc- Fitzpatrick (PA) McMorris Shaw the House and took the oath of office, ess. Foley McNulty Sherman as follows: I believe a good deal of the reason for the Fortenberry Meehan Sherwood Do you solemnly swear that you will Foxx Meek (FL) Shuster support and defend the Constitution of last election is the failure of the left to produce Franks (AZ) Melancon Simmons a vision. And with an opportunity to regroup, Frelinghuysen Miller (MI) Simpson the United States against all enemies, take responsibility and work hard; they have Garrett (NJ) Miller (NC) Smith (NJ) foreign and domestic; that you will walked away to the comforting shoulder of Gerlach Miller, George Smith (TX) bear true faith and allegiance to the Gibbons Mollohan Snyder same; that you will take this obliga- smear attacks. Gohmert Moore (KS) Sodrel I say let’s move on to do what we were Goodlatte Moore (WI) Solis tion freely, without any mental res- elected to do, make positive change in this Gordon Moran (VA) Spratt ervation or purpose of evasion; and Green (WI) Murphy Strickland that you will well and faithfully dis- country. It’s time we put partisan politics be- Green, Al Murtha Taylor (MS) charge the duties of the office upon hind us. Green, Gene Musgrave Taylor (NC) The SPEAKER. All time has expired. Hall Myrick Thomas which you are about to enter, so help The question is, Shall the objection Harman Nadler Thornberry you God. Harris Napolitano submitted by the gentlewoman from Tiahrt ANNOUNCEMENT BY THE SPEAKER Hart Neugebauer Tiberi Hastert Ney Ohio (Mrs. JONES) and the Senator Tierney The SPEAKER (during the vote). Hastings (WA) Northup from California (Ms. BOXER) be agreed Turner Under clause 5(d) of rule XX, the Chair Hayes Norwood Udall (NM) to. Hayworth Nunes announces to the House that in light of Upton The question was taken; and the Hensarling Nussle swearing in the gentleman from Geor- Van Hollen Herger Oberstar Speaker announced that the noes ap- Visclosky gia (Mr. NORWOOD) the whole number of peared to have it. Herseth Obey Hobson Oxley Wamp the House is adjusted to 430 Members. Mr. PORTMAN. Mr. Speaker, on that Wasserman Hoekstra Pastor b 1702 I demand the yeas and nays. Holt Pelosi Schultz Watt The yeas and nays were ordered. Hooley Pence Messrs. HALL, MORAN of Virginia Hostettler Peterson (MN) Waxman and CUMMINGS changed their vote The vote was taken by electronic de- Hulshof Peterson (PA) Weiner vice, and there were—yeas 31, nays 267, Hunter Petri Weldon (PA) from ‘‘yea’’ to ‘‘nay.’’ not voting 132, as follows: Hyde Pitts Weller Ms. MCKINNEY changed her vote Inglis (SC) Platts Westmoreland from ‘‘nay’’ to ‘‘yea.’’ [Roll No. 7] Israel Poe Whitfield So the objection was not agreed to. YEAS—31 Istook Pombo Wicker Jindal Pomeroy Wilson (NM) The result of the vote was announced Brown, Corrine Hinchey McKinney Johnson, Sam Porter Wolf as above recorded. Carson Jackson (IL) Olver Kanjorski Portman Wu Clay Jackson-Lee A motion to reconsider was laid on Owens Kaptur Price (GA) Young (AK) Clyburn (TX) the table. Pallone Keller Price (NC) Young (FL) Conyers Johnson, E. B. Payne Stated for: Davis (IL) Jones (OH) Schakowsky Mr. ABERCROMBIE. Mr. Speaker, due to Evans Kilpatrick (MI) NOT VOTING—132 Thompson (MS) official travel today with the House Armed Farr Kucinich Waters Abercrombie Capps Forbes Filner Lee Watson Ackerman Capuano Ford Services Committee, I was unable to cast my Grijalva Lewis (GA) Woolsey Allen Cardin Fossella vote on the challenge to the Electoral College Hastings (FL) Markey Baca Cardoza Frank (MA) tabulation of votes for President and Vice Baird Coble Gallegly NAYS—267 Baker Cooper Gilchrest President of the United States. Had I been Aderholt Boehlert Butterfield Baldwin Costello Gillmor present, I would have voted to sustain the ob- Akin Boehner Buyer Bass Crowley Gingrey jection to the Ohio electoral votes. Alexander Bonilla Calvert Becerra Cunningham Gonzalez Stated against: Andrews Bonner Camp Berkley Davis (TN) Goode Bachus Boozman Cantor Berman DeFazio Granger Mr. PASCRELL. Mr. Speaker, I was un- Barrett (SC) Boren Capito Berry Delahunt Graves avoidably absent for the rollcall vote today on Barrow Boustany Carnahan Biggert Doggett Gutknecht challenging the Ohio electoral vote. Had I Bartlett (MD) Bradley (NH) Carter Bilirakis Doolittle Hefley Barton (TX) Brady (TX) Case Bishop (NY) Doyle Higgins been present, I would have voted ‘‘no’’ on roll- Bean Brown (OH) Castle Blumenauer Edwards Hinojosa call 7. Beauprez Brown (SC) Chabot Bono Emanuel Holden Mr. WALDEN of Oregon. Mr. Speaker, I Bishop (GA) Brown-Waite, Chandler Boswell Eshoo Hoyer would respectfully request that today’s Bishop (UT) Ginny Chocola Boucher Everett Inslee Blackburn Burgess Cleaver Boyd Fattah Issa RECORD reflect that I was in my home State of Blunt Burton (IN) Cole (OK) Brady (PA) Flake Jefferson Oregon attending a longstanding official event

VerDate Aug 31 2005 05:19 Dec 01, 2006 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 9920 J:\CRONLINE\TYPESE~1\H06JA5.REC H06JA5 bajohnson on PROD1PC69 with CONG-REC-ONLINE H128 CONGRESSIONAL RECORD — HOUSE January 6, 2005 when I learned of the vote relating to Mrs. The Secretary of the Senate read the State of Wyoming received 3 votes for JONES of Ohio’s objection to the certified re- order of the Senate, as follows: Vice President. sults of the Electoral College balloting in the Ordered, That the Senate by a vote of 1 aye Mr. LARSON of Connecticut. Mr. State of Ohio and was unable to return to to 74 nays rejects the objection to the elec- President, the certificate of the elec- Washington, DC in time for today’s vote. I toral votes cast in the State of Ohio for toral vote of the State of Tennessee George W. Bush for President and Richard would like the RECORD to reflect that had I seems to be regular in form and au- Cheney for Vice President. been present I would have voted ‘‘nay.’’ thentic, and it appears therefrom that Mr. BERMAN. Mr. Speaker, I was unavoid- The VICE PRESIDENT. The Clerk of George W. Bush of the State of Texas able detained and therefore unable to cast a the House will report the action of the received 11 votes for President, and vote on rollcall No. 7. Had I been present, I House. DICK CHENEY of the State of Wyoming The Clerk of the House read the order would have voted ‘‘no.’’ received 11 votes for Vice President. Mr. SHAYS. Mr. Speaker, on January 6, I of the House, as follows: Senator LOTT. Mr. President, the was conducting oversight in Southeast Asia of Ordered, That the House of Representatives certificate of the electoral vote of the rejects the objection to the electoral vote of State of Texas seems to be quite proud tsunami disaster relief efforts and, therefore, the State of Ohio. missed one recorded vote. in reflecting the regular form and au- I take my voting responsibility very seriously The VICE PRESIDENT. Pursuant to thenticity, and it therefore appears the law, chapter 1 of title 3, United and would like the CONGRESSIONAL RECORD to that George W. Bush of that great reflect that, had I been present, I would have States Code, because the two Houses State of Texas received 34 votes for voted ‘‘no’’ on recorded vote No. 7. have not sustained the objection, the President, and DICK CHENEY of the Mrs. MCCARTHY. Mr. Speaker, because of original certificate submitted by the State of Wyoming received 34 votes for illness, I was not present on the vote on State of Ohio will be counted as pro- Vice President. agreeing to the objection on the Ohio electoral vided therein. Mr. NEY. Mr. President, the certifi- vote on January 6. Had I been present, I The tellers will now record and an- cate of the electoral vote of the State would have voted ‘‘nay.’’ nounce the vote of the State of Okla- of Utah seems to be regular in form Mr. MICA. Mr. Speaker, I was unavoidably homa for President and Vice President and authentic, and it appears there- detained and was unable to vote on rollcall 7. in accordance with the action of the from that George W. Bush of the State Had I been present, I would have voted ‘‘no’’ two Houses. of Texas received 5 votes for President, on this measure. Senator JOHNSON. Mr. President, and DICK CHENEY of the State of Wyo- Mr. STEARNS. Mr. Speaker, I was unavoid- the certificate of the electoral vote of ming received 5 votes for Vice Presi- ably detained and missed rollcall No. 7. Had the State of Oklahoma seems to be reg- dent. I been present, I would have voted ‘‘no.’’ ular in form and authentic, and it ap- Senator JOHNSON. Mr. President, Mr. BASS. Mr. Speaker, on Thursday, Janu- pears therefrom that George W. Bush the certificate of the electoral vote of ary 6, 2005, I regrettably missed recorded of the State of Texas received 7 votes the State of Vermont seems to be reg- vote 7. Had I been present, I would have for President, and DICK CHENEY of the ular in form and authentic, and it ap- voted ‘‘nay.’’ State of Wyoming received 7 votes for pears therefrom that JOHN F. KERRY of PERSONAL EXPLANATION Vice President. the Commonwealth of Massachusetts Mr. KIND. Mr. Speaker, unfortunately, I had Mr. LARSON of Connecticut. Mr. received 3 votes for President and John to fly back to Wisconsin for a military funeral President, the certificate of the elec- Edwards of the State of North Carolina and missed rollcall vote No. 7. toral vote of the State of Oregon seems received 3 votes for Vice President. The SPEAKER. The Clerk will now to be regular in form and authentic, b 1715 and it appears therefrom that JOHN F. notify the Senate of the action of the Mr. LARSON of Connecticut. Mr. KERRY of the Commonwealth of Massa- House, informing that body that the President, the certificate of the elec- chusetts received 7 votes for President, House is now ready to proceed in joint toral vote of the Commonwealth of Vir- and John Edwards of the State of session with the further counting of ginia seems to be regular in form and North Carolina received 7 votes for the electoral vote for the President and authentic, and it appears therefrom Vice President. Vice President that George W. Bush of the State of f Senator LOTT. Mr. President, the certificate of the electoral vote of the Texas received 13 votes for President MESSAGE FROM THE SENATE and DICK CHENEY of the State of Wyo- A message from the Senate by Mr. Commonwealth of Pennsylvania seems to be regular in form and authentic, ming received 13 votes for Vice Presi- Monahan, one of its clerks, announced dent. that the Senate by a vote of 1 aye to 74 and it appears therefrom that JOHN F. Senator LOTT. Mr. President, the nays rejects the objection to the elec- KERRY of the Commonwealth of Massa- certificate of the electoral vote of the toral votes cast in the State of Ohio for chusetts received 21 votes for Presi- State of Washington seems to be reg- George W. Bush for President and RICH- dent, and John Edwards of the State of ular in form and authentic, and it ap- ARD CHENEY for Vice President. North Carolina received 21 votes for pears therefrom that JOHN F. KERRY of f Vice President. the Commonwealth of Massachusetts At 5:08 p.m. the Sergeant at Arms, Mr. NEY. Mr. President, the certifi- received 11 votes for President and Wilson Livingood, announced the Vice cate of the electoral vote of the State John Edwards of the State of North President and the Senate of the United of Rhode Island seems to be regular in Carolina received 11 votes for Vice States. form and authentic, and it appears President. The Senate entered the Hall of the therefrom that JOHN F. KERRY of the Mr. NEY. Mr. President, the certifi- House of Representatives, headed by Commonwealth of Massachusetts re- cate of the electoral vote of the State the Vice President and the Secretary of ceived 4 votes for President, and John of West Virginia seems to be regular in the Senate, the Members and officers Edwards of the State of North Carolina form and authentic, and it appears of the House rising to receive them. received 4 votes for Vice President. therefrom that George W. Bush of the The Vice President took his seat as Senator LOTT. Mr. President, the State of Texas received 5 votes for the Presiding Officer of the joint con- certificate of the electoral vote of the President and DICK CHENEY of the vention of the two Houses, the Speaker State of South Carolina seems to be State of Wyoming received 5 votes for of the House occupying the chair on his regular in form and authentic, and it Vice President. left. Senators took seats to the right of appears therefrom that George W. Bush Senator JOHNSON. Mr. President, the rostrum as prescribed by law. of the State of Texas received 8 votes the certificate of the electoral vote of The VICE PRESIDENT. The joint for President, and DICK CHENEY of the the State of Wisconsin seems to be reg- session of Congress to count the elec- State of Wyoming received 8 votes for ular in form and authentic, and it ap- toral vote will resume. The tellers will Vice President. pears therefrom that JOHN F. KERRY of take their chairs. Senator JOHNSON. Mr. President, the Commonwealth of Massachusetts The two Houses retired to consider the certificate of the electoral vote of received 10 votes for President and separately and decide upon the vote of the State of South Dakota seems to be John Edwards from the State of North the State of Ohio, to which objection regular in form and authentic, and it Carolina received 10 votes for Vice has been filed. appears therefrom that George W. Bush President. The Secretary of the Senate will re- of the State of Texas received 3 votes Mr. LARSON of Connecticut. Mr. port the action of the Senate. for President, and DICK CHENEY of the President, you should be justifiably

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