·
"Door-hangers" created African-American voters to go to the wrong precinct with
distributed.299
Analysis
The use of intimidation and misinformation in demo on election day was widespread
and pervasive and version suppressed the vote. The NAACP testified that they received over
200 complaints of such acts in Ohio, so it is likely the actual number of incidents ranged in
the thousands, if not higher. It is difficult to estimate how many of these incidents actually
resulted in lost votes.
These incidents of voter intimidation and misinformation clearly violate the Voting
Rights Act, the Civil Rights Act of 1968, Equal Protection, Due Process and the Ohio right to
vote. The fact that Secretary Blackwell did not initiate a single investigation into these many
serious allegations may represent a violation of his statutory duty to investigate election
irregularities. Cases of intimidation and misinformation such as we have seen in Ohio appear to
have become a regular feature of our election landscape and would appear to warrant the
development of a stronger investigative and law enforcement system than we have at present, at
both the state and federal levels.300
b.
Machine Irregularities
Facts
In the course of our hearings we learned:
·
In Auglaize County, there were voting machine errors. In a letter dated October 21, 2004,
Ken Nuss, former deputy director of the County Board of Elections, claimed that Joe
McGinnis, a former employee of ES&S, the company that provides the voting systems in
Auglaize County, had access to and used the main computer that is used to create the
ballot and compile election results. Mr. McGinnis's access to and use of the main
computer was a violation of county board of election protocol. After calling attention to
this irregularity in the voting system, Mr. Nuss was suspended and then resigned.301
·
In Cuyahoga County and Franklin County, there were voting machine errors with respect
to absentee ballots. The arrows on the absentee ballots did not align with the correct
299
E-mail from Cincinnati-area election volunteer, on file with the House Judiciary
Committee Democratic Staff.
300
GAO-04-1041R DOJ Activities to Address Past Voting Irregularities (Sept. 14, 2004)
301
Moss v. Bush, No. 04-208898.
65