[North-NV-Greens] Fwd: [Recount-news] December 17th: Ohio Recount Update

Fri Dec 17 19:04:06 PST 2004

>
>
>The Cobb-LaMarche Campaign
>Working to Make Every Vote Count!
>----------------------------------
>
>Hello Recount Supporters!
>
>I apologize for not sending an update earlier. Between the 18-20 
>hour days and my AOL account acting up, I just have not been able to 
>post to this list. Hopefully, you have been visiting our website at 
><http://www.votecobb.org>http://www.votecobb.org for updates from 
>our County Coordinators and Green Recount Observers.
>
>As you might have read, there is widespread confusion among BoE's 
>about the definition of "random" when referring to the "random 3%" 
>hand recount required by law. Many officials seem to believe that 
>choosing which precincts to hand recount based on the number of 
>voters is 'random.' Cuyahoga limited the selection of 
>'random' precincts to those that had 550 votes and over, which 
>effectively eliminated approximately 90% of precincts from 
>consideration.
>
>One county put the names/numbers of all precincts in a bowl and 
>pulled out precincts to recount -- that's random.
>
>Observers have faced a range of attitudes, from pleasantness and 
>willingness to answer questions to outright obstruction and 
>hostility. Some are being threatened with expulsion if they talk to 
>the counting teams [note: so far, I do not think anyone has been 
>expelled] creating a very tense and negative experience for those 
>volunteers who want to exercise their right under law to observe the 
>process.
>
>These volunteers deserve our thanks and gratitude for stepping up.
>
>Ballot security is a big issue.We're discovering that ballots are 
>being stored in unsealed boxes in locked broom closets, or in 
>shelves in a locked lunchroom, open to all employees who lunch there 
>every day. There are deeply disturbing reports coming out of Greene 
>County, about unlocked offices and intimidation techniques 
>including: phone calls and slashed tires [reported to the local 
>police].
>
>NEW TOTALS DON'T MEAN A THING UNDER RECOUNT CODE
>
>Vote totals are changing, with extra votes for Kerry and Bush being 
>found (not huge amounts) but a new vote total doesn't trigger a full 
>hand recount. Only a discrepancy between the 3% hand recount 
>and computer count can trigger a full hand recount.
>
>In Montgomery County, the hand recount of 3% found an additional 8 
>votes for Kerry. Because the hand and computer counts matched, 
>though, the remaining 97% of the ballots were run thru the computer. 
>An additional 12 votes for Kerry were found.
>
>3% hand = extra 8
>97% computer = extra 12
>
>It seems obvious that a full hand recount would have discovered more 
>than just 12 new votes for Kerry.
>
>RECOUNT REPORTS
>
>Day Four of the Ohio Recount brought more tales of ballot prepping 
>(to allow the hand count and the machine count to match) and more 
>tales of not-so-random selection of voting precincts. Observers are 
>taking copious notes, and we are posting initial reports by 
>Coordinators and Observers as they come in. Take a moment to read 
>about Fairfield County, which will reconvene on Saturday to do a 
>hand recount of the 3% with a new machine (the same situation Monroe 
>County faced on Tuesday). Nine more counties will begin their counts 
>on Friday, with Defiance County scheduled for Saturday and Trumbull 
>County for Monday. For now, all reports can be found at 
><http://www.votecobb.org/press/>http://www.votecobb.org/press/
>
>LEGAL UPDATE
>
>[note: I am not a lawyer so my explanation may be lacking]
>
>On December 7, 2004, our attorneys sent a letter via facsimile and 
>via overnight mail, on our behalf, to Secretary Blackwell outlining 
>a series of issues relating to his Outline of Recount Procedures as 
>posted on his official website. We stated in the letter that 
>"resolution of these issues is necessary in order to ensure that the 
>recount is conducted uniformly in the various county boards of 
>election and in accordance with state and federal law."
>
>As reports from conversations with the different Boards of Elections 
>and our County Coordinators began to come in last week, we grew 
>concerned about the varying standards throughout the State of Ohio 
>as to how the recount in each of the counties would be conducted. 
>Those varying standards raised serious equal protection and due 
>process concerns. We attempted to go back to Federal Court again on 
>Friday, December 10th before the recount began. The judge denied our 
>Motion for Injunctive Relief citing, as before, the lack of 
>'irreparable harm' that we would encounter - the third time our 
>efforts to seek a timely and meaningful recount was denied because 
>David Cobb and Michael Badnarik, the Green and Libertarian 
>presidential candidates, respectively, were unlikely to get any 
>electoral college votes.
>
>The Attorney General had until end of business day on December 16th 
>to respond, which he has now done. Basically, the Secretary of State 
>and the Brief of Amici Curiae, filed by the County Commissioners 
>Association of Ohio and Ohio's Association of Election Officials, 
>asked the Court to deny our motion. Notice this phrase in their 
>papers: "....However, these Plaintiffs are doing something far 
>worse. Through this litigation, they are asking this Court to 
>replace the Ohio Secretary of State."
>
>[note: files will be uploaded later today]
>
>Franklin County Board of Elections
>
>At long last, the Franklin County Board of Elections held a hearing 
>on December 16 to receive testimony from voters about their 
>experiences on Election Day. Amy Kaplan, our Franklin County Recount 
>Coordinator, challenged the Board for not taking advantage of the 
>recount process to restore her faith in the integrity of the system. 
>She went through a long list of requests that she and the Cobb 
>campaign had made in order to have a meaningful recount, especially 
>regarding the DRE machines. All such requests were denied.
>
>Another speaker asked where the Board had been during the four 
>hearings the voters had organized the week of November 13 through 
>21. Many speakers had acted as observers during the recount as Cobb 
>witnesses. Hearing their stories of four, eight, and even ten hour 
>lines in the rain reminded us once again why we had to challenge 
>this unfair voting process.
>
>NEW MEXICO UPDATE
>
>The Cobb-LaMarche legal team is continuing to weigh its options 
>after a New Mexico court reaffirmed a decision by New Mexico's 
>Democratic Governor Bill Richardson and two colleagues on the New 
>Mexico State Canvassing Board to allow a recount of the state's 
>presidential ballots, but only if David Cobb and other recount 
>advocates paid $1.4 million by yesterday to cover recount costs. We 
>did not pay the $1.4 million, and updates to this story will be 
>posted here later today.
>
>"There's tremendous grassroots support for the recount and for 
>verifying the accuracy of our voting system. We have 800 volunteers 
>who are ready to jump in and monitor the recount process," said Rick 
>Lass, the New Mexico recount coordinator for the Cobb-LaMarche 
>campaign. 
>
>RECOUNT MAINSTREAMED
>
>The 
><http://www.votecobb.org/newsclips/2004/dec/news2004-12-15c.php>New 
>York Times, Washington Post, and other mainstream newspapers of 
>record are carrying articles on aspects of the Ohio recount and 
>voting "irregularities." The story about the Triad voting machine 
>technician "replacing the machine's battery" before the recount 
>began, which David Cobb broke to the media at the Judiciary 
>Committee hearing held in Ohio on December 13, has resulted in 
>quotes from Rep. Conyers, a Triad representative, and the naming of 
>the Hocking County elections official who witnessed the technician's 
>actions.
>
>See 
><http://www.votecobb.org/video/>http://www.votecobb.org/video/ to 
>view David Cobb's testimony before Conyers.
>
>NEXT STEPS
>We'll continue to post reports as they come in. I'll try to write 
>another update tomorrow, after observing the recount in Fairfield 
>County, with more analysis about the patterns of problems and 
>behaviors.
>
>THANK YOU
>Without your support and encouragement, this recount would not be happening.
>
>Sincerely,
>Lynne Serpe
>Ohio Recount Manager
>Cobb/LaMarche '04
>Vote Green for Peace, Democracy, Ecology and Justice
><http://www.votecobb.org>www.votecobb.org
>
>_______________________________________________
>recount-news mailing list
>recount-news at lists.votecobb.org
>http://lists.votecobb.org/mailman/listinfo/recount-news


-- 
Paul Etxeberri

"Forests precede civilizations and deserts follow"   ---Chateaubriand
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