investigation. The groundwork for these problems was with demo the Secretary of State failed to

issue specific standards for the recount.442 In essence, Mr. Blackwell's directive on version

procedures permitted each county board of election to determine its own recount rules. Mr.

Blackwell failed to issue such standards, notwithstanding the fact that election officials

themselves had offered contrasting election recount procedures,443 including some counties who

sought to unilaterally oppose doing any recount whatsoever.444

Some of the serious recount irregularities that we learned of in connection with our

investigation include the following:445

Irregularities in Selecting the Initial 3% Hand Count S Many County

a.

In the course of our investigation we learned:

·

Mr. Keith Cunningham, Director of the Allen County Board of Elections,

explained that it would take considerably longer to carry out the recount if there

were a random selection process employed. Instead, the Board pre-selected four

precincts, totaling slightly more than the required three percent, for the recount.

Democratic and Green Party witnesses raised objections but to no avail.

·

The Clermont County Board of Elections selected the 3% precinct samples

by choosing the thirteen precincts with lowest number of voters plus the

next number of precincts that reached the total of 3% of the total votes cast

in that county. This selection process eliminated larger and more

diversified precincts. The staff of the Board admitted that small precincts

Secretary of State J. Kenneth Blackwell, Directive No. 2004-58 (Dec. 7, 2004).

See Yost v. National Voting Rights Institute, No. C2-04-1139 (S.D. Ohio) (Decl. of

John C. Bonifaz).

Keith Cunningham, Director of the Allen County Board of Elections, characterized as

frivolous any lawsuits attempting to force recounts and considered mobilizing other counties to

oppose them. Terry Kinney, Election Official Calls Recount Lawsuit Frivolous, Insulting,

AS S O C. PR E S S, Nov. 22, 2004. One board, the Delaware County Board of Elections, sought and

obtained a temporary restraining order preventing two presidential candidates from forcing

recounts. Mary Beth Lane, Delaware County Court Blocks Recount, CO L U M B U S DI SPA TC H ,

Nov. 24, 2004, at 7B. They took these positions even though the Ohio recount statutes do not

provide any specific authorizations for counties to stop recounts from taking place.

See Yost v. National Voting Rights Institute, No. C2-04-1139 (S.D. Ohio) (Decl. of

Lynne Serpe).

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