13 MYTHS ABOUT THE RESULTS
OF THE 2000 ELECTION
There are currently attempts underway
to determine the winner of the U.S.
presidential election based on a public
relations war between the two major
political parties. To ignore the
procedures established in the U.S.
Constitution and in state election law
would establish a dangerous and
undemocratic precedent. This flyer
provides a point by point analysis of the
major myths in this media war.
1) Myth: Al Gore has a responsibility to
concede the election.
Fact: A 330 vote margin out of 6
million votes cast is incredibly close! It
is roughly equivalent to a 1-vote margin
in a city with 50,000 people and 18,000
voters.
It is extremely rare for an election this
close NOT to be contested for several
weeks until a manual recount can take
place, with observers from both sides
taking part and inspecting ballots. This
kind of detailed recount has not yet
taken place.
According to the US Constitution and
the Laws of Florida, it
is the responsibility of officials in
Florida to certify the election results.
The deadline is November 17, the date
when absentee ballots from overseas
will be counted. In Florida, Oregon,
and in New Mexico the difference
between the candidates is much less
than the number of absentee ballots yet
to be counted, as of 11/11/2000.
2) Myth: the number of "spoiled
ballots" in Palm Beach County was not
unusual, given the high turnout for the
2000 election. In a press briefing
televised live on all networks on
10/9/00, Karl Rove of the Bush
campaign compared 14,872 invalidated
ballots in the 1996 race for President to
the figure of 19,120 ballots spoiled in
this election.
Fact: the Bush campaign was
comparing "apples and oranges".
There were actually 29,702 invalidated
ballots this year in Palm Beach County,
almost twice the number in 1996. The
19,120 figure refers to only those
ballots which were invalidated for
voting for more than one candidate.
An additional 10,582 ballots this year
had no choice recorded for President at
all. A hand inspection of these ballots
would detect additional votes for all
candidates. These figures can be
obtained from the Palm Beach County
election office (www.pbcelections.org).
3) Myth: The Palm beach ballot is
definitely illegal due to the presence of
punch holes to the left of some of the
candidates.
Fact: Legality of the ballots is an issue
that may require a judgment in
court. There is a loophole in Florida
law that may allow ballots used for
voting machines to deviate from the
rules governing paper ballots. The
Florida electoral authorities or the Bush
campaign may be able to demonstrate
in court that the ballot was legal, as the
office of the Secretary of State asserted
in a press statement issued on
November 10.
This does not mean that the ballot
could not be ruled illegal on other
grounds, including possibly the
Americans With Disabilities Act.
4) Myth: Former Secretary of State
James Baker, speaking on behalf of the
Bush campaign at a press briefing
televised by all networks on 11/10/00,
said "the more often ballots are
recounted, especially by hand, the more
likely it is that human errors, like lost
ballots and other risks, will be
introduced. This frustrates the very
reason why we have moved from hand
counting to machine counting."
Fact: If hand counts are so inaccurate,
then why, according to the Orlando
Sentinel, (orlandosentinel.com) did
Republican officials in Seminole
County, where Bush led Gore, order
that the recount be done by hand in
order to get an accurate count?
There may exist voting systems which
are less prone to error
than hand counts, but the one in use in
Florida, involving punch cards, was
certainly not one of them. The problem
is that if the punched-out pieces of
cardboard are not completely removed
from the punch card, so that light
cannot pass through, those punches will
not be read. Voting machines were
introduced for efficiency and cost
reasons, not accuracy.
Punch cards are antiquated
technology. They were outlawed in
Massachusetts in 1997 after the
controversy involving the election of
Congressman Delahunt by Secretary of
State William Galvin.
5) Myth: "Palm Beach County is a Pat
Buchanan stronghold and that's why
Pat Buchanan received 3407 votes
there. According to the Florida
Department of State, 16,695 voters in
Palm Beach County are registered to
the Independent Party, the Reform
Party, or the American Reform Party,
an increase of 110% since the 1996
presidential election. Throughout the
rest of Florida, the registration increase
for these parties was roughly 38%." --
statement released by Ari Fleischer of
the Bush Campaign, 11/9/00
Fact: the increase in registration for the
Reform Party may have very little to
do with support for Pat Buchanan.
The reason is that prior to the Reform
party primary, there were campaigns by
Buchanan's opponent, John Hagelin,
and prominent liberals including Rabbi
Arthur Waskow in early August, to
encourage people to register as Reform
in order to defeat Buchanan in the
national primary, which was conducted
by mail-in ballot.
Even Buchanan himself admitted [on
the Today Show] that many of his
votes actually "belonged to Al Gore."
6) Myth: If Gore (or Bush) ends up
winning the popular vote, he really
should win the election even if he loses
Florida and other states.
Fact: This is not the way the U.S.
Constitution is written. The Electoral
College decision, imperfect as it may
be, is the only one that matters. It may
be possible to reform or eliminate the
electoral college in the future, so that
small states would no longer receive
extra electoral votes out of proportion
to their population. But until this
change is made by Constitutional
amendment, the Electoral College is
still the law of the land.
7) Myth: The Democrats pulled a case
out of federal court because they did
not like the judge to whom the case
was assigned.
This statement was repeatedly
presented by Republican officials on
11/10/00 without presenting any
evidence as to why the case was
pulled. It was not a case filed by the
Democratic Party but by Florida
citizens, and Florida election law is
state law therefore Democrats are
correct to want to see the issues
examined at the state level first.
8) Myth: The election process in
Florida outside of Palm Beach County
was fair. According to James Baker,
representing the Bush campaign on
11/10/00, "no cases of fraud have been
reporting either with the general
election or with the recount [this is
from memory; need direct quote".
Certainly there were not enough cases
to affect the final
outcome.
Fact: Actually, thousands of
irregularities in over a half-dozen
categories have already been reported:
-Ballots ran out in certain precincts
according to the LA Times [11/10/00].
-Carpools of african-american voters
were stopped by police,
according to the Los Angeles times
[11/10/00]. In some cases, officers
demanded to see a "taxi license".
-Voters in line, waiting to vote when
the polls closed at 7pm, were turned
away. [need source for this]
-Voters were mistakenly removed from
voter rolls because their names were
similar to those of ex-cons. [source:
Mother Jones magazine,
http://www.motherjones.com/news_wire/floridavote.htm
-Many voters received pencils rather
than pens when they voted, in violation
of state law. [need source for this]
-According to the Miami Herald, many
Haitian-American voters were turned
away from precincts where they were
voting for the first time [November 10,
2000]
-According to Feed Magazine
(www.feedmag.com), the mayoral
candidate whose election in Miami was
overturned due to voter fraud, Xavier
Suarez, said he was involved in
preparing absentee ballots for George
W. Bush. [11/9/00] source:
http://www.feedmag.com/templates/daily.php3?a_id=1389
-According to tompaine.com, CBS's
Dan Rather reported voting a possible
computer error in Volusia County,
Florida, where James Harris, a Socialist
Workers Party candidate, won 9,888
votes. He won 583 in the rest of the
state. [11/9/00] County-level results
for Florida are available at cnn.com.
9) Myth: There are no substantiated
examples of actual voter fraud.
Fact: The election was held three days
ago, so of course many instances of
fraud have not yet been substantiated.
This is why court proceedings may be
necessary. Even so, authorities have
already uncovered clear evidence of
voter fraud involving absentee ballots.
In Pensacola, Florida, Bush supporter
Todd Vinson never received the
absentee ballot he requested.
According to the Associated Press on
11/9/00, it was determined after an
investigation that this ballot was
received by a third party, filled out with
a forged signature, and then sent in.
Assistant State Attorney Russell Edgar,
when asked if other absentee ballots
might had been intercepted, said, "I
agree there may well be many more than
just this one."
10) Myth: There is no legal precedent
to have a revote in cases where the
mistakes by election officials were
unintentional.
Fact: The Florida Supreme Court ruled
in 1998, in connection with a disputed
Miami election, that if there is
"substantial noncompliance" with
election laws and a "reasonable doubt"
about whether election results
"expressed the will of the voters" then a
judge must "void the contested election,
even in the absence of fraud or
intentional wrongdoing." (source: Wall
St. Journal, 10/10/2000)
It is possible to hold a revote in which
only those who voted the first time
would have the opportunity to vote
again.
11) Myth: It is undemocratic for judges
to intervene after an election, especially
when mistakes were made by the party
trying to contest the results.
Fact: The most fundamental right of a
democratic society is the right to vote,
and to have one's vote correctly
counted. The legal system exists to
ensure that people's rights are
respected.
Of course judges can be biased but that
is why bad decisions can be appealed.
The issue is not the affiliation or
intentions of the ballot designer, but
rather, whether the civil rights of
voters, especially elderly voters and
those with disabilities, were violated.
These issues have arisen in other states
as well. In a Massachusetts
Democratic primary in 1996 for the US
House, the election was so close after
several recounts that a judge had to
make the final decision after examining
some of the ballots that were
incompletely punched, to determine the
intention of the voter. The law clearly
dictated that it was the will of the voter
that mattered, and future Congressman
William Delahunt went on to win the
final election. You can call his office at
202-225-3121.
12) Myth: Richard Nixon's party in
1960 did the honorable thing in not
contesting the results of the election.
Fact: According to a column in the Los
Angeles Times, 11/10/2000, "on Nov.
11, three days after the election,
Thruston B. Morton, a Kentucky
senator and the Republican Party's
national chairman, launched bids for
recounts or investigations in not just
Illinois and Texas but also Delaware,
Michigan, Minnesota, Missouri, New
Jersey, New Mexico, Nevada,
Pennsylvania and South Carolina. A
few days later, Robert H. Finch and
Leonard W. Hall, two Nixon intimates,
sent agents to conduct what they called
"field checks" in eight of those
11battlegrounds. In New Jersey, local
Republicans obtained court orders for
recounts; Texans brought suit in federal
court. Illinois witnessed the most
vigorous crusade. Nixon aide Peter
Flanigan encouraged the creation of a
Chicago-area Nixon Recount
Committee. As late as Nov. 23,
Republican National Committee general
counsel H. Meade Alcorn Jr. was still
predicting Nixon would take Illinois."
Recounts continued into December, but
did not succeed in overturning the
result of the election.
13) Myth: Troops overseas will vote
for Bush overwhelmingly, and their
votes have yet to be counted, so Gore
might as well concede the election.
Fact: The number of yet-to-be-counted
overseas military ballots is likely to be
in the range of 500 to 2000, based on
the 1996 election in which there were
2,300 oversees absentee ballots overall,
with roughly 60% of them coming from
people enlisted in the military.
According to CNN [11/10/00], the
military overseas ballots that arrived
before the election were already
counted.
The biggest difference 1996 is that
Clinton -- who avoided the draft -- was
running against Dole, a decorated
military veteran.
In 2000 George W. Bush -- who
avoided service in Vietnam and actually
lost flying privileges in the Texas Air
National Guard, possibly due to his
unwillingness to take a drug test -- is
running against Al Gore, a veteran who
served in Vietnam.
It is just as possible that Gore will gain
a few hundred votes from veterans as
Bush. It is also possible that the Gore
ticket will pick up votes from
democratically appointed diplomats,
temporary residents and dual citizens of
Israel, etc.
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