'Unknown' by Unknown - Page 59 of 102

that the created was not with his reporting and demo the additional 19,000 votes were added

before 100% of the precincts were in.262

Secretary of State Blackwell has version to answer any of the questions concerning these

matters posed to him by Ranking Member Conyers and 11 other Members of the Judiciary

Committee on December 2, 2004.263

Analysis

Mr. Kearney's statement does not explain how the vote count could change for President

Bush, but not for Senator Kerry, after 19,000 new votes were added to the roster. Thus, we are

primarily concerned with identifying a valid explanation for the statistical anomaly that showed

virtually identical ratios after the final 20-40% of the votes were counted. Specifically, we have

received no explanation as to how the vote count in this particular county could have changed for

President Bush, but not for Senator Kerry, after 19,000 new votes were added to the roster. The

vote results in Miami constitute yet another significant anomaly in the tens of thousands

range without any explanation or investigation by Secretary of State Blackwell, leading us to

conclude that there is likely some vote error or vote manipulation. This could constitute a

violation of constitutional guarantees of equal protection and due process and, if intentional,

would likely violate the Voting Rights Act and Ohio election law .264

Perry County Discrepancy in Number of Votes and Voters

Facts

262

Bob Fitrakis, And So the Sorting and Discarding of Kerry Votes Begins, TH E FR E E

PR E S S, Nov. 10, 2004.

263

See Letter from John Conyers, Jr., Jerrold Nadler, Tammy Baldwin, Melvin L. Watt,

Linda Sanchez, Robert Wexler, Maxine Waters, Sheila Jackson Lee, Martin Meehan, Zoe

Lofgren and Anthony Weiner to the Honorable J. Kenneth Blackwell, Ohio Secretary of State

(Dec. 2, 2004) (on file with the House Judiciary Committee Democratic Staff and at

http://www.house.gov/judiciary_democrats/ohblackwellltr12204.pdf). Secretary Blackwell was

asked for the following information:

What is your explanation as to the statistical anomaly that showed virtually identical

ratios after the final 20-40% of the vote came in? In your judgement, how could the vote

count in this County have changed for President Bush, but not for Senator Kerry, after

19,000 new votes were added to the roster?

Are you aware of any pending investigation into this matter?

264

The following provisions of Ohio Revised Code prohibit ballot tampering: § 3599.24

(destructive of property used in elections); § 3599.27 (tampering with voting machines or vote

tabulators); §3599.33 (fraudulent writing on ballots or election records); §3599.34 (destruction or

alteration of records).