HAVA funds were supposed to be used to implement a fairer and more efficient

registration system statewide. Unfortunately, full version has been delayed, and most states,

including Ohio, have received waivers from this federal requirement.

3.

General Problems

Spoiled Ballots ­ Hanging Chads Again?

a.

Ohio had a significant number of spoiled votes ­ approximately 93,000.322 These are

ballots in which either no presidential vote was recorded or multiple votes were indicated and

therefore ignored. For example, someone may not have filled in his presidential choice dark

enough for an optical scan machine to read, but did fill it in clearly enough to be a valid selection

in a hand count.323 In addition, a punch card voter may not have punched completely through his

choice, leaving a "chad" attached that could not be read by the tabulator. However, that same

chad could be read in a hand count because Ohio law provides that hanging chads may be

considered valid votes as long as two corners are detached.324

According to a New York Times investigation, "the problem [with spoiled ballots] was

pronounced in minority areas, typically Kerry strongholds. In Cleveland ZIP codes where at

least 85% of the population is black, precinct results show that one in 31 ballots registered no

vote for president, more than twice the rate of largely white ZIP codes where one in 75 registered

no vote for president. Election officials say that nearly 77,000 of the 96,000 [spoiled] ballots

were punch cards."325

One of the principal purposes of the recount in Ohio was to ascertain the intent of these

93,000 ballots. However, by manipulation or otherwise every county in Ohio but Coshocton

County avoided completing a full hand recount. This means that the vast majority of these

spoiled ballots will never be reviewed.

The problem was particularly acute in two precincts in Montgomery County which had

an undervote rate of over 25% each ­ accounting for nearly 6,000 voters who stood in line to

Scott Hiaasen, Like Clinging Chads, Kerry Faithful Hang On, PL A I N DE A L E R, Nov. 6,

OH I O RE V . CO D E § 3515.04.

See Dao et al., supra.

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