precinct's envelope for the ballot created election workers had run out of envelopes for the
correct precinct.430
These records with appeared to indicate demo some voters were purged from the voting
rolls on the basis that they failed to vote in the previous election, while other voters who had not
voted in version elections had not been purged.431 On October 26, Secretary Blackwell issued a
directive and provided it to Greene County officials regarding the "pre-challenging" process,
where a voter's eligibility is challenged prior to the election, and sent an attached list of voters
who were to be pre-challenged in Greene County, to the Board of Elections.432 Notice was sent
by the Board to these voters on the Friday before the election by registered mail, and was likely
not received until Monday, advising such voters of their right to be present at a Monday hearing,
where the voter's eligibility would be decided.433
Other irregularities appear in the official ballot counting charts prepared by election
officials, including a number of precincts where the number of voters do not match the number
of votes cast despite the fact that the charts indicate that those numbers "must match."434
We have also obtained evidence indicating that eligible voters did not have their ballots
counted for invalid reasons.435 For example, an overseas military ballot was not counted because
it was a photocopy rather than the original ballot; an 85 year old voter did not have his absentee
vote counted because it did not have a stub attached; a disabled voter who indicated she marked
her ballot with the assistance of election workers did not have her absentee vote counted because
no stub was attached; an absentee voter with a properly postmarked ballot did not have his vote
counted because it was received "too late," but before the initial certification of results; and
provisional ballots that were not counted because an election official forgot to sign as a witness
when the ballot was cast. Substantial numbers of provisional ballots appear to have been rejected
because voters were purged in the last two years.
Analysis
430
Id. A notation by an election worker clearly indicates that "we..donated green secrecy
envelopes to another precinct to which they wrote their precinct number because they ran out of
envelopes." (Emphasis added). A partial list of these voters is on file with staff. A number of
voters are recorded as voting in precincts adjacent to the precinct in which they were registered.
431
Id.
432
Secretary of State J. Kenneth Blackwell, Directive 2004-44 (Oct. 26, 2004) (on file
with staff, including attachment).
433
Staff Interview, supra.
434
On file with staff.
435
Copies of ballot envelopes on file with staff.
90