BBC TV Reveals New Florida Vote Scandal
Republican "Caging List"
BBC Television News On-Line
Tuesday, October 26, 2004
                                                                                                         

Greg Palast, reporting

A secret document obtained from inside Bush campaign headquarters in Florida suggests a plan - possibly in violation of US law - to disrupt voting in the state's African-American voting districts, a BBC Newsnight investigation reveals.

Two e-mails, prepared for the executive director of the Bush campaign in Florida and the campaign's national research director in Washington DC, contain a 15-page so-called "caging list".

It lists 1,886 names and addresses of voters in predominantly black and traditionally Democrat areas of Jacksonville, Florida.

An elections supervisor in Tallahassee, when shown the list, told Newsnight: "The only possible reason why they would keep such a thing is to challenge voters on election day."

Ion Sancho, a Democrat, noted that Florida law allows political party operatives inside polling stations to stop voters from obtaining a ballot.

Mass challenges

They may then only vote "provisionally" after signing an affidavit attesting to their legal voting status.

Mass challenges have never occurred in Florida. Indeed, says Mr Sancho, not one challenge has been made to a voter "in the 16 years I've been supervisor of elections."

"Quite frankly, this process can be used to slow down the voting process and cause chaos on election day; and discourage voters from voting."

Sancho calls it "intimidation." And it may be illegal.

In Washington, well-known civil rights attorney, Ralph Neas, noted that US federal law prohibits targeting challenges to voters, even if there is a basis for the challenge, if race is a factor in targeting the voters.

The list of Jacksonville voters covers an area with a majority of black residents.

When asked by Newsnight for an explanation of the list, Republican spokespersons claim the list merely records returned mail from either fundraising solicitations or returned letters sent to newly registered voters to verify their addresses for purposes of mailing campaign literature.

Republican state campaign spokeswoman Mindy Tucker Fletcher stated the list was not put together "in order to create" a challenge list, but refused to say it would not be used in that manner.

Rather, she did acknowledge that the party's poll workers will be instructed to challenge voters, "Where it's stated in the law."

There was no explanation as to why such clerical matters would be sent to top officials of the Bush campaign in Florida and Washington.

Purging soldiers

At least 50 persons on the list are in the military, most stationed at the Naval Air Station in Jacksonville. They now face challenge because some, like Randall Prausa of Atlantic Beach, have been shipped overseas.

Private detective

In Jacksonville, to determine if Republicans were using the lists or other means of intimidating voters, we filmed a private detective filming every "early voter" - the majority of whom are black - from behind a vehicle with blacked-out windows.

The private detective claimed not to know who was paying for his all-day services.

On the scene, Democratic Congresswoman Corinne Brown said the surveillance operation was part of a campaign of intimidation tactics used by the Republican Party to intimate and scare off African American voters, almost all of whom are registered Democrats.

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Before one vote was cast in early voting this week in Florida, the new touch-screen computer voting machines of Florida started out with a several-thousand vote lead for George W. Bush. That is, the mechanics of the new digital democracy boxes "spoil" votes at a predictably high rate in African-American precincts, effectively voiding enough votes cast for John Kerry to in a tight race, keep the White House safe from the will of the voters

To understand the fiasco in progress in Florida, we need to revisit the 2000 model, starting with a lesson from Dick Carlberg, acting elections supervisor in Duval County until this week. "Some voters are strange," Carlberg told me recently. He was attempting to explain why, in the last presidential election, five thousand Duvalians trudged to the polls and, having arrived there, voted for no one for president. Carlberg did concede that, after he ran these punch cards through the counting machines a second time, some partly punched holes shook loose, gaining Al Gore160 votes or so, Bush roughly 80.

"So, if you ran the 'blank' ballots through a few more times, we'd have a different president," I noted. Carlberg, a Republican, answered with a grin.

So it was throughout the state - in certain precincts, at least. In Jacksonville, for example, in Duval precincts 7 through 10, nearly one in five ballots, or 11,200 votes in all, went uncounted, rejected as either an 'under-vote' (a blank ballot) or 'over-vote' (a ballot with extra markings). In those precincts, 72 percent of the residents are African-American; ballots that did make the count went four to one for Al Gore. All in all, a staggering 179,855 votes were "spoiled" (i.e., cast but not counted) in the 2000 election in Florida. Demographers from the U.S. Civil Rights Commission matched the ballots with census stats and estimated that 54 percent of all the under- and over-voted ballots had been cast by blacks, for whom the likelihood of having a vote discarded exceeded that of a white voter by 900 percent.

Votes don't "spoil" because they are left out of the fridge. Vote spoilage, at root, is a class problem. Just as poor and minority districts wind up with shoddy schools and shoddy hospitals, they are stuck with shoddy ballot machines. In Gadsden, the only black-majority county in Florida, one in eight votes spoiled in 2000, the worst countywide record in the state. Next door in Leon County (Tallahassee), which used the same paper ballot, the mostly white, wealthier county lost almost no votes. The difference was that in mostly-white Leon, each voting booth was equipped with its own optical scanner, with which voters could check their own ballots. In the black county, absent such "second-chance" equipment, any error would void a vote.

The best solution for vote spoilage, whether from blank ballots or from hanging chads, is Leon County's: paper ballots, together with scanners in the voting booths. In fact, this is precisely what Governor Bush's own experts recommended in 2001 for the entire state. His Select Task Force on Elections Procedures, appointed by the Governor to soothe public distrust after the 2000 race, chose paper ballots with scanners over the trendier option -- the touch-screen computer.






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Although the computer rigs cost eight times as much as paper with scanners, they result in many more spoiled votes. In this year's presidential primary in Florida, the computers had a spoilage rate of more than 1 percent, as compared to one-tenth of a percent for the double-checked paper ballots.

Apparently some Bush boosters were not keen on a fix so inexpensive and effective. In particular, Sandra Mortham - a founder of Women for Jeb Bush, the Governor's re-election operation - successfully lobbied on behalf of the Florida Association of Counties to stop the state the legislature from blocking the purchase of touch-screen voting systems. Mortham, coincidentally, was also a paid lobbyist for Election Systems & Strategies, a computer voting-machine manufacturer. Fifteen of Florida's sixty-seven counties chose the pricey computers, twelve of them ordered from ES&S which, in turn, paid Mortham's County Association a percentage on sales.

Florida's computerization had its first mass test in 2002, in Broward County. The ES&S machines appeared to work well in white Ft. Lauderdale precincts, but in black communities, such as Lauderhill and Pompano Beach, there was wholesale disaster. Poll workers were untrained, and many places opened late. Black voters were held up in lines for hours. No one doubts that hundreds of Black votes were lost before they were cast.

Broward county commissioners had purchased the touch-screen machines from ES&S over the objection of Elections Supervisor Miriam Oliphant; notably, one commissioner's campaign treasurer was an ES&S lobbyist. Governor Bush responded to the Broward fiasco by firing Oliphant, an African-American, for "misfeasance."

Even when computers work, they don't work well for African-Americans. A July 2001 Congressional study found that computers spoiled votes in minority districts at three times the rate of votes lost in white districts.

Based on the measured differential in vote loss between paper and computer systems, the fifteen counties in Florida, can expect to lose at least 29,000 votes to spoilage-some 27,000 more than if the counties had used paper ballots with scanners.

Given the demographics of spoilage, this translates into a net lead of thousands for Bush before a single ballot is cast.

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For the full story, read "Another Florida" in the November issue of Harper's, out now. Mr. Palast, a contributing editor to the magazine, is author of the New York Times bestseller, The Best Democracy Money Can Buy. See the film of his investigative reports for BBC Television, "Bush Family Fortunes," out now on DVD. Watch a segment at www.gregpalast.com/bff-dvd.htm

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