Expert: Fraud possible but no evidence it threw election

JOHN McCARTHY  Associated Press  22 December 2004

COLUMBUS, Ohio - The fraud alleged in a challenge to President Bush's victory may have occurred, but there is no evidence it was widespread enough to have thrown the election, a professor who studies voting systems said Wednesday.

The challenge filed Friday in the Ohio Supreme Court alleges fraud including computer hacking, post-election vote switching, fraudulent absentee ballots and the denial of public inspection of voting records at county boards of elections, among other things.

"I do agree with the petitioners when they assert there were serious problems with these elections. Does that mean the election was stolen? Does that mean (Democrat John) Kerry really won? In my opinion, no," said Daniel Tokaji, an assistant professor of law at Ohio State University who has been closely following the Ohio vote and its aftermath.

Bush defeated Kerry by 119,000 votes, according to the official vote count by Ohio Secretary of State Kenneth Blackwell. Ohio's 20 electoral votes gave Bush the 270 he needed for victory. Kerry conceded the morning after Election Day.

A statewide recount paid for by presidential candidates of the Green and Libertarian parties has given Bush 346 extra votes an additional 494 votes to Kerry, with all counties except Lucas reporting, according to a survey of county boards by The Associated Press. Neither Democrats nor Republicans expect the recount to affect the outcome.

The challenge filed on behalf of 37 Ohio voters by a group led by the Rev. Jesse Jackson and Columbus lawyer Cliff Arnebeck is based on comparison of reports of exit polling data with the offical vote. Arnebeck and other lawyers on the case say they would like to see the supporting data that produced the exit poll results.

U.S. Rep. John Conyers, a Michigan Democrat, has asked the polling firm that compiled the numbers for the AP and five television networks - ABC, CBS, NBC, CNN, and Fox - to provide more data but was turned down. A spokeswoman for the media consortium said the numbers were still being analyzed and no decision would be made on how to release a full report until at least early next year.

"What adjustments are they making a month after the election that they can't release the raw data?" said Peter Peckarsky, a lawyer for the challengers.

The challengers maintain that vote tabulation software is easy to hack and votes were taken from Kerry and given to Bush. The challenge cites a study of poll books in Trumbull County found that 580 absentee votes were cast for which there was no notation in the books.

They also allege that ballots cast by someone other than registered voters were added to the legitimate votes and the votes they replaced were "destroyed or altered."

"These are allegations of good old-fashioned ballot stuffing," Tokaji said. "Ballot stuffing can happen. Did I see any evidence that it happened in this election? Not really. The likelihood of it being able to occur in one county are low, given the safeguards."

The challenge also said Blackwell ordered county boards to deny public inspection of poll books until the vote was certified on Dec. 6. However, while the vote is being certified, the books must be kept locked to reduce the chance of tampering, Blackwell spokesman Carlo LoParo said.

"Certainly, it wouldn't make much sense when they are auditing election materials to start handing that material out," LoParo said.

Chief Justice Thomas Moyer, who is reviewing the challenge, has not indicated when he will rule in the case. Congress will certify the electoral vote on Jan. 6.

LoParo said the election night count, the official vote and the recount all have shown Bush with an insurmountable lead.

"Any doubt regarding the results, even among our most imaginative citizens, should be gone at this point," he said.