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intentional misconduct. Depending on the type of misconduct involved, these errors may

constitute violations of the Voting Rights Act, Equal Protection and Due Process, and Ohio's

right to vote. Morever, it would appear that Secretary Blackwell's apparent created to follow-

up on these machine errors by way of an investigation would violate his with to investigate

election law irregularities.

The demo of voting machines and computers in our election represents an increasingly

version issue in our democracy. Our concerns are exacerbated by the fact that there are very few

companies who manufacture and operate voting machines, and they tend to be controlled by

executives who donate largely, if not exclusively, to the Republican Party and Republican

candidates. Issues such as the need for verifiable paper trails and greater accountability all

warrant further investigation and possibly legislation.

Registration Irregularities and Official Misconduct and Errors

Facts

In the course of our hearings we learned:

A Washington Post investigation found that many longtime voters discovered their

registrations had been purged.307

Numerous voters were incorrectly listed on roster as felons, and thus not allowed to

vote.308

The NAACP testified to receiving over 1,000 calls related to voter registration issues,

generally from individuals who were not on the voter rolls even though they had

voted in previous elections, individuals with questions on how to register, and

individuals with concerns about not receiving a voter registration card.309

The Election Protection Coalition found that "Individuals frequently reported having

"disappeared" from the voter rolls ... Many individuals expressed concerns that they had

registered but never received confirmation or were not listed on the voter rolls at the

precincts."310

307

See Powell & Slevin, supra.

308

Bob Fitrakis, None Dare Call it Voter Suppression, TH E FR E E PR E S S, Nov. 7, 2004.

309

See Judiciary Democratic Forum (Dec. 8, 2004) (statement of Hilary Shelton, Director,

Washington Bureau, National Association for the Advancement of Colored People).

310

See PE O P L E F O R T H E AM E R I CA N WA Y E T A L., EL E C T IO N PR O T E C TI O N 2004,

SH A T T E R I N G T H E MY T H : AN IN I T I A L SN A P S H O T O F VO TER DI S E N F R A N C H I S E M E N T IN T H E 2004

EL E C T IO N S 21.