Ohio’s Election Protection Movement Wins Two Big Victories
In a victory for election protection activists, Ohio’s powerful GOP Chair Bob Bennett will be forced to face a public hearing on his removal as Chair of the Cuyahoga (Cleveland) Board of Elections. And in a second triumph, Ohio Secretary of State Jennifer Brunner has agreed, as part of a legal settlement, to take possession of the ballots and other key documents from the disputed 2004 election that gave George W. Bush a second term in the White House. Brunner has requested the resignations of the entire scandal-plagued Cuyahoga County Board of Elections, which Bennett has chaired. Two Democratic members and one Republican have complied with her request. The BOE’s executive director, Michael Vu, previously resigned amidst a cloud of scandal resulting from a mishandled primary election and more than $12 million in budgetary overruns. Two BOE workers have been given 18-month prison sentences for felony convictions stemming from what a government prosecutor called the “rigging” of an officially mandated recount for the 2004 presidential election.
Bennett has issued a legal challenge against his removal. But on Wednesday, April 4, Franklin County Common Pleas Judge John Connor ruled Bennett has to comply with Brunner’s call for a public hearing on the matter. The hearing is scheduled for Monday, April 9.
A long-time GOP power broker, Bennett is a close personal confidante of White House advisor Karl Rove. He has been Rove’s point man in Ohio’s most populous county, which includes the Democratic voter rich city of Cleveland. A wide array of irregularities there were pivotal in giving Bush his narrow margin of official victory in 2004.
Bennett asked the court to rule that the Ohio statute seeking his removal was unconstitutionally vague. But Judge Connor ruled that the law was “clear and unequivocal.”
This is Bennett’s third major setback in three days. On Monday, April 2, Brunner put the Cuyahoga BOE under state administrative oversight because it lacked a quorum to conduct business. With the resignations of the other three board members, Bennett stood alone as the sole board member.
On Tuesday, April 3, Brunner suspended Bennett, citing the fact that as BOE chair he had allegedly “instructed” former Executive Director Vu to award a contract to a consultant without Board approval.
“Bennett instructed Vu to award a second contract to David Hopcraft in the amount of $14,750 on or about February 26, 2007, for public relations services to be paid for by public dollars by the Board of Elections,” Brunner wrote in her suspension statement.
The statement adds that: “The Dayton Daily News on March 26, 2007 reported Mr. Hopcraft to be a ‘GOP spokesperson.’ According to Board policy, no contract for services may be awarded without Board approval if it exceeds $15,000. The extension of Hopcraft’s contract for just under $15,000, without Board approval, violates Board policy,” Brunner’s statement says.
Brunner’s order suspends all of Bennett’s powers. It orders Bennett not to attend any Cuyahoga County BOE meetings or to be present at the BOE offices. The suspension is indefinite, pending the results of the removal hearing and any subsequent legal appeals.
On March 21, Bennett lashed out following the convictions of two Cuyahoga County BOE workers charged with “rigging” the 2004 presidential recount. Bennett said, in part: “… the public deserves to know that the big shots, the lawyers and the special political interests are not going to grind up the people who are doing the public’s work at this Board.”
Steve Hertzberg of the nonprofit Election Science Institute, which conducted an investigation of major problems that marred the 2006 Cuyahoga County primary election, responded to Bennett’s attack by stating, “It is an insult to the intelligence of the Cuyahoga community that Mr. Bennett attempts to lay blame elsewhere while he attempts to maintain his lucrative position on the CCBOE. Not only should this man resign immediately, he should apologize for the myriad of mistakes and the damage he had done to the reputation of Ohio and its citizens.
“Shame on you, Mr. Bennett,” Hertzberg concluded.
In another decisive action, which may stand as a major landmark, Brunner has agreed to take responsibility for the preservation of the ballots from Ohio’s 2004 presidential election.
The ballots were subject to destruction in early September 2006, as the law protecting them was about to expire. However, a suit involving the King-Lincoln Bronzeville Neighborhood Association, among others, was filed in federal court. The suit alleges a wide range of civil rights violations against inner city and other Ohio voters in the conduct of the 2004 Ohio election. It also asked that then-Secretary of State J. Kenneth Blackwell be prevented from ordering the disposal of the ballots and other election materials, which he was poised to do.
The suit gained widespread national attention, including news stories and editorial comment in the New York Times. On September 11, 2006, Federal Judge Algernon Marbley issued an order preserving the ballots pending the outcome of what has become known as the King-Lincoln lawsuit.
Blackwell left the office of Secretary of State earlier this year, in the wake of his unsuccessful run as the GOP’s 2006 nominee for Governor of Ohio. By and large, the materials have been stored by Ohio’s 88 counties.
As the new Secretary of State, Brunner has now agreed to a joint motion as defendant in the King-Lincoln suit. The motion effectively transfers the custody of “…all ballots from the 2004 presidential election, on paper or in any other format, including electronic data,…” from the counties to Ohio Secretary of State’s office.
Ohio Attorney General Marc Dann’s office is representing Brunner.
In a Memorandum in Support of the Joint Motion, the parties state: “To lessen the burden on the respective boards of elections and to provide a central repository for records, the parties are jointly requesting that an order be entered in this matter requiring the 88 county boards of elections to transfer to the custody of the Secretary of State all ballots from the 2004 presidential election….”
Voting rights activists have urged the state to preserve all the records and open them to interested parties following the Florida 2000 election model, which created a centralized accessible repository following the controversial 2000 election in the Sunshine State.
Brunner is now widely expected to do the same for the documents that defined the disputed presidential election of 2004. Scrutinized over the coming years, they could finally reveal what really put George W. Bush back in the White House for a second term.
They may also illuminate Bob Bennett’s role in making that happen.
Bob Fitrakis is one of the attorneys representing the King Lincoln Bronzeville Association and Harvey Wasserman is one of the plaintiffs. They are co-authors of HOW THE GOP STOLE AMERICA’S 2004 ELECTION & IS RIGGING 2008 (www.freepress.org) and WHAT HAPPENED IN OHIO?
YES!! I have to admire these two guys. They have worked so hard against incredible odds and pressures for 2 years to make this happen. They are a beacon for us all: Don’t give up! Everything that went on in Florida in 2000 can’t compare to what happened in Ohio in 2004.
I believe that investigation would show that Bush stole every battleground state in 2004. He was unelectable even with the assistance of his friend Osama bin Laden. He must be a friend, why else would Bush call off the Marines just as they had him cornered in Afghanistan?
WOW!!!! Bless you Brunner!!!
Fitrakis and Wasserman– the Woodward and Bernstein of the Election Fraud story. They both deserve Pulitzers. We have a very, very, very long way to go to get back to democracy in the USA.
Remember to visit their website: http://www.freepress.org/index2.php
“Brunner has requested the resignations of the entire scandal-plagued Cuyahoga County Board of Elections, which Bennett has chaired. Two Democratic members and one Republican have complied with her request.”
I applaud Ms. Brunners actions. It does still bother me though that we continue to have some who walk away free, with resignation being their only punishment.
Lobo Gris
Now that we know he stole the White House, the next step is NULLIFICATION. No John Roberts, no Patriot ( enabling ) Act, no MCA, no withdrawal from the ICC ( he’s going to jail !! ).
And, of course, the slam dunk treason and mass murder charges.
Good times are coming, but only on COMPLETION of all of these tasks.
I just want to say thank you to the people who have continued to pursue justice in the 2004 election.
I think we have had three elections (at least!) stolen now: 2000, 2002, and 2004.
Also, we probably actually won Congress by a land-slide in 2006.
And it’s not even a conspiracy: It’s just amazing to have so many people on the same page in the how to “win” elections at any cost by any means.
Obviously our government has been illegally taken over by a bunch of thugs it would be hard for a fiction writer to imagine.
Does anyone else recall reading that once when Lyndon Johnson had lost an election, he was offered a job in the oil industry?
Already aiming at the presidency, he refused the offer, saying that the American people would never elect a president from the petroleum industry.
And obviously we never should have.
But thanks so much; keep up the wonderful work.
If Ohio can be proven to have been a stolen election than Kerry should be sworn in as our true President and Bush should be dragged away in irons.
Oh and while we’re at it let’s get rid of the electoral college.
You’re funny, willo!
I have followed with alarm and now some cautious elation the electoral story in Ohio thanks in great part to the tireless work of Fitrakis and Wasserman to keep the beacon of truth shining. I had lost heart so many times but they just keep on keepin on and they are a real inspiration. Now we need to do the same in at least a half dozen more states until this cabal of thugs has been excised from our democratic institutions. We musn’t relax our vigilance about the possibility of election theft! Its potential is alive and well and Karl Rove continues his Machivellian contortions unabated.
I’m not sure, kathyodat, if you’re laughing at willo’s commonents on Kerry or on the electoral college.
About the electoral college though. The Senate became truly democratic about a century ago. That leaves just the presidency. Now, did you ever notice that when the electoral college and the popular vote are close, you never hear it said, “Well, we better just get rid of that popular vote then.” It may be obvious that the electoral college always seems the culprit, and that’s just the point. It just doesn’t have the stature of the popular vote, which means the electoral college is on its way out. It will take awhile longer.
All I can say is: thank you. This won’t wind back the clock and remove Bush from office, but it has proven that what was said about both the Florida and Ohio elections weren’t just the fevered imaginings of some left wing nuts. There was real voter fraud and other crimes committed during the 2004 Ohio presidential election - as well as the 2000 vote in Florida.
Blackwell is finally getting what he deserves and my slim hope in the integrity of our justice sustem has been given a couple of boosts these past few days. Obviously with the rulings in this case and the Supreme Court ruling that the EPA must treat CO2 as a pollutant.
Now what we need are voting machines which give us a paper read out of how we voted. If this can be done with ATM machines, it can certainly be done with all electronic voting machines. There has to be a paper trail, that should be clear as day.
Again, thank you so much for all the hard work. You are truly patriots.
About the Electoral College - Its days are numbered. The “Compact for Agreement Among the States to Elect the President by National Popular Vote” has been signed off on by 47 states. Legislation has already been passed in several states and been signed by their governors. Legislation is before all 47 states in their legislatures. The Electoral College may be a thing of the past BEFORE the ‘08 presidential election!!!
So get going in YOUR state! Go on over to nationalpopularvote.com and find out how you can support legislation in YOUR state. GO!!!! Do it!!! Make it happen THIS year!!!
Then when you get done with that, call, write, or e-mail your Congressional representatives and get them to support/sponsor the U.S. House Bill 3099 “Clean Money, Clean Elections”. In the Senate, get them to support/sponsor the Durbin/Spector bill “Fair Elections Now Act”. GO!!! Do it NOW!!!!
THEN, when your done with that, march on over to fairvote.org or Common Cause and see what other actions you can take to make further election and campaign finance reform a reality!!
So much to do, and so little time!! GO!! Make your voice heard. Make it LOUD! LOUDER!!!! Raise hell and don’t forget to laugh EVERY DAY!
Did someone say “Nullification”?
Is there a way to nullify a dishonest election?
Thanks to Bob Fitrakis and Harvey Wasserman , Rip Van Winkle , The American people are “waking” up after only 6 years. Rip Van Winkle even though a fictional character had a legitimate excuse for surprise in the change from New Amsterdam to New York . Americans have no excuse because they were only figuratively asleep and physiologically awake.
Through indifference to things like rule by law and justice , what to fear and what not to fear and a Dr.Jekyll/Mr.Hyde fixation with ephemeral superbowls and americanidolls ( mis-spelling intentional ) American people ALLOWED evil to prevail just as German people ALLOWED the evil of Third Reich to prevail. Dietrich Bonhoeffer , a whistle-blower like Bob and Harvey… “hung” around on a suspending piano wire long enough to warn the German people and world of NON-ALLOWABLE evil. It took thirteen years and millions of lives for the evil to be exposed and Bonhoeffer to be exonerated.
I am confident that the American people are more astute than the German people were . If I am wrong and Bob and Harvey get figuratively ” piano-wired ” as did Allan Ginsburg (almost), then the American people deserve to suffer the same protracted evil as instigated by the Third Reich.
Yes, it’s interesting that Ohio’s votes are being preserved. What would happen if a real recount happened and Bush lost? Now what? What an uproar. And what would this Supreme Court rule? Anthony Kennedy swung with the right wing last time.
tommienogo, I was laughing at both, but perhaps it really could become a reality. Rebel Farmer pointed out that far more progress has been made on the state popular vote issue. I never would have thought it could, because the low population states have so much to lose by it.
These guys have performed an invaluable service to us all. Until these problems are corrected, we have lost our most basic rights to a fair election. Thank you.
America owes the Ohio progressive grassroots activists greatful thanks and congratulations for persisting in legal battles and other actions for over seven years against corrupt Republican and Ohio officials. These fights have exposed illegal campaign contributions, voter suppression, vote irregularities with DRE touchscreens and ballot tampering in several years of Ohio elections. Fitrakis & Wasserman deserve Pulitizers for detailed reports on these scandals that have been largely ignored by mainstream media. I want to thank Cliff Arnebeck & Bob Fitrakis for leading the legal team in court and the Columbus Free Press news magazine, CASE-OH, Common Cause, the Allliance for Democracy, National Association for the Advancement of Colored People, Rainbow/PUSH, National Voting Rights Institute and Election Defense Alliance and Congressmen Conyers, Tubbs-Jones and Kucinich for supporting this almost decade long effort to protect voting integrity and voting rights.
Hopefully Congress will now begin investigations of the 2000 & 2004 elections vote tampering and indict Bush, Cheney and other top Republican officials. We may not be able to impeach before Nov ‘08 but maybe we can still jail this Bush-Cheney neocon cabal.
The implementation of the “Voter Accessiblity Act” needs to monitored as well. I can’t recall the exact name of the law but it makes it mandatory for all polling places to be handicapped accessible. I saw a news story last fall noting that the state election official in one state simply shut down the polling places that didn’t meet the compliance conditions. The elderly people at an affected community center polling place weren’t sure how they would get transportation to a more “accessible” polling place a couple of miles away.
I have heard hearsay that one of the Supreme Court Justices knew that Bush would be appointed months before the 2004 elections. Since I’m going down this path, I’ve also heard that Nostradomus predicted the 2000 election of “the village idiot”.
I appreciate the enlightening and scholarly comments of the regulars. Keep up the good conversations.
A better way to run elections, combining paper ballots, VotePad for the disabled and appropriate use of optical scanners and the web for transparent counting:
http://www.marcbaber.com/ElectionReform.htm