Robert F. Kennedy Jr. | Was the 2004 Election Stolen?

[1] Manual Roig-Franzia and Dan Keating, "Latest Conspiracy Theory - Kerry Won - Hits the Ether," The Washington Post, November 11, 2004. http://www.washingtonpost.com/wp-dyn/articles/A41106-2004Nov10.html

[2] The New York Times Editorial Desk, "About Those Election Results," The New York Times, November 14, 2004. http://select.nytimes.com/gst/abstract.html

[3] United States Department of Defense, "Defense Department Special Briefing on Federal Voting Assistance Program," August 6, 2004. http://www.defenselink.mil/transcripts/2004/tr20040806-1502.html

[4] Overseas Vote Foundation, "2004 Post Election Survey Results," June 2005, page 11. http://www.overseasvotefoundation.org/downloads/surveys/ovf_survey_01jun2005_v1.0_usletter.pdf

[5] Jennifer Joan Lee, "Pentagon Blocks Site for Voters Outside U.S.," International Herald Tribune, September 20, 2004.

[6] Meg Landers, "Librarian Bares Possible Voter Registration Dodge," Mail Tribune (Jackson County, OR), September 21, 2004. http://www.mailtribune.com/archive/2004/0921/local/stories/02local.htm

[7] Mark Brunswick and Pat Doyle, "Voter Registration; 3 former workers: Firm paid pro-Bush bonuses; One said he was told his job was to bring back cards for GOP voters," Star Tribune (Minneapolis, MN), October 27, 2004.

[8] Federal Election Commission, Federal Elections 2004: Election Results for the U.S. President. http://www.fec.gov/pubrec/fe2004/2004pres.pdf

[9] Ellen Theisen and Warren Stewart, Summary Report on New Mexico State Election Data, January 4, 2005, pg. 2. http://www.democracyfornewmexico.com/democracy_for_new_mexico/files/NewMexico2004ElectionDataReport-v2.pdf

James W. Bronsan, "In 2004, New Mexico Worst at Counting Votes," Scripps Howard News Service, December 22, 2004.

[10] "A Summary of the 2004 Election Day Survey; How We Voted: People, Ballots & Polling Places; A Report to the American People by the United States Election Assistance Commission," September 2005, pg. 10. http://www.eac.gov/election_survey_2004/pdf/EDS%20exec.%20summary.pdf

[11] Facts mentioned in this paragraph are subsequently cited throughout the story.

[12] See "Ohio's Missing Votes."

[13] Federal Election Commission, Federal Elections 2004: Election Results for the U.S. President. http://www.fec.gov/pubrec/fe2004/2004pres.pdf

[14] Democratic National Committee, Voting Rights Institute, "Democracy at Risk: The 2004 Election in Ohio," June 22, 2005. Page 5 http://a9.g.akamai.net/7/9/8082/v001/www.democrats.org/pdfs/ohvrireport/fullreport.pdf

[15] See "VIII. Rural Counties."

[16] Evaluation of Edison/Mitofsky Election System 2004 prepared by Edison Media Research and Mitofksy International for the National Election Pool (NEP), January 19, 2005, Page 3 http://www.exit-poll.net/election-night/EvaluationJan192005.pdf

[17] This refers to data for German national elections in 1994, 1998 and 2002, previously cited by Steven F. Freeman.

[18] Dick Morris, "Those Faulty Exit Polls Were Sabotage," The Hill, November 4, 2004. http://www.hillnews.com/morris/110404.aspx

[19] Martin Plissner, "Exit Polls to Protect the Vote," The New York Times, October 17, 2004.

[20] Matt Kelley, "U.S. Money has Helped Opposition in Ukraine," Associated Press, December 11, 2004. http://www.signonsandiego.com/uniontrib/20041211/news_1n11usaid.html

Daniel Williams, "Court Rejects Ukraine Vote; Justices Cite Massive Fraud in Runoff, Set New Election," The Washington Post, December 4, 2004.

[21] Steve Freeman and Joel Bleifuss, "Was the 2004 Presidential Election Stolen? Exit Polls, Election Fraud, and the Official Count," Seven Stories Press, July 2006, Page 102.

[22] Evaluation of Edison/Mitofsky Election System 2004; prepared by Edison Media Research and Mitofsky International for the National Election Pool (NEP), January 19, 2005, Page 3. http://www.exit-poll.net/election-night/EvaluationJan192005.pdf

[23] Mitofsky International Web site. http://www.mitofskyinternational.com/company.htm

[24] Tim Golden, "Election Near, Mexicans Question the Questioners," The New York Times, August 10, 1994.

[25] Evaluation of Edison/Mitofsky Election System 2004; prepared by Edison Media Research and Mitofsky International for the National Election Pool (NEP), January 19, 2005, Page 59.

[26] Jonathan D. Simon, J.D., and Ron P. Baiman, Ph.D., "The 2004 Presidential Election: Who Won the Popular Vote? An Examination of the Comparative Validity of Exit Poll and Vote Count Data." FreePress.org, December 29, 2004, P. 9 http://freepress.org/images/departments/PopularVotePaper181_1.pdf

[27] Analysis by Steven F. Freeman.

[28] Freeman and Bleifuss, pg. 134

[29] Jim Rutenberg, "Report Says Problems Led to Skewing Survey Data," The New York Times, November 5, 2004.

[30] Freeman and Bleifuss, pg. 134

[31] Analysis of the 2004 Presidential Election Exit Poll Discrepancies. U.S. Count Votes. Baiman R, et al. March 31, 2005. Page 3. http://www.electionarchive.org/ucvAnalysis/US/Exit_Polls_2004_Edison-Mitofsky.pdf

[32] Notes From Campaign Trail, Fox News Network, Live Event, 8:00 p.m. EST, November 2, 2004.

[33] Freeman and Bleifuss, pg. 101-102

[34] Evaluation of Edison/Mitofsky Election System 2004; prepared by Edison Media Research and Mitofsky International for the National Election Pool (NEP), January 19, 2005, Page 4.

[35] Freeman and Bleifuss, pg. 120.

[36] Interview with John Zogby

[37] Evaluation of Edison/Mitofsky Election System 2004; prepared by Edison Media Research and Mitofsky International for the National Election Pool (NEP), January 19, 2005, Page 4.

[38] Freeman and Bleifuss, pg. 128.

[39] Freeman and Bleifuss, pg. 130.

[40] "The Gun is Smoking: 2004 Ohio Precinct-level Exit Poll Data Show Virtually Irrefutable Evidence of Vote Miscount," U.S. Count Votes, National Election Data Archive, January 23, 2006. http://uscountvotes.org/ucvAnalysis/OH/Ohio-Exit-Polls-2004.pdf

[41] "The Gun is Smoking," pg. 16.

[42] The Washington Post, "Charting the Campaign: Top Five Most Visited States," November 2, 2004. http://www.washingtonpost.com/wp-srv/politics/elections/2004/charting.html

[43] John McCarthy, "Nearly a Month Later, Ohio Fight Goes On," Associated Press Online, November 30, 2004.

[44] Ohio Revised Code, 3501.04, Chief Election Officer http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC

[45] Joe Hallett, "Blackwell Joins GOP's Spin Team," The Columbus Dispatch, November 30, 2004.

[46] Gary Fineout, "Records Indicate Harris on Defense," Ledger (Lakeland, Florida), November 18, 2000.

[47] http://www.kenblackwell.com/

[48] Joe Hallett, "Governor; Aggressive First Round Culminates Tuesday," Columbus Dispatch, April 30, 2006. http://www.dispatch.com/extra/extra.php?story=dispatch/2006/04/30/20060430-B1-02.html

[49] Sandy Theis, "Blackwell Accused of Breaking Law by Pushing Same-Sex Marriage Ban," Plain Dealer (Cleveland, OH), October 29, 2004.

[50] Raw Story, "Republican Ohio Secretary of State Boasts About Delivering Ohio to Bush." http://rawstory.rawprint.com/105/blackwell_campaign_letter2_105.php

[51] In the United States District Court For the Northern District of Ohio Northern Division, The Sandusky County Democratic Party et al. v. J. Kenneth Blackwell, Case No. 3:04CV7582, Page 8. http://electionlawblog.org/archives/10-20%20Order.pdf

[52] Preserving Democracy: What Went Wrong in Ohio, Status Report of the House Judiciary Committee Democratic Staff (Rep. John Conyers, Jr.), January 5, 2005. http://www.house.gov/judiciary_democrats/ohiostatusrept1505.pdf

[53] Preserving Democracy, pg. 8.

[54] Preserving Democracy, pg. 4.

[55] The board of elections in Cuyahoga, Franklin and Hamilton counties.

[56] Analysis by Richard Hayes Phillips, a voting rights advocate.

[57] Fritz Wenzel, "Purging of Rolls, Confusion Anger Voters; 41% of Nov. 2 Provisional Ballots Axed in Lucas County," Toledo Blade, January 9, 2005. http://toledoblade.com/apps/pbcs.dll/article?AID=/20050109/NEWS09/501090334&SearchID=73195662517954

[58] Analysis by Hayes Phillips.

[59] Cuyahoga County Board of Elections

[60] Preserving Democracy, pg. 6.

[61] Ford Fessenden, "A Big Increase of New Voters in Swing States," The New York Times, September 26, 2004. http://www.nytimes.com/2004/09/26/politics/campaign/26vote.html

[62] Ralph Z. Hallow, "Republicans Go 'Under the Radar' in Rural Ohio," The Washington Times, October 28, 2004. http://washtimes.com/national/20041027-115211-1609r.htm

[63] Jo Becker, "GOP Challenging Voter Registrations," The Washington Post, October 29, 2004. http://www.washingtonpost.com/wp-dyn/articles/A7422-2004Oct28.html

[64] Janet Babin, "Voter Registrations Challenged in Ohio," NPR, All Things Considered, October 28, 2004.

[65] In the United States District Court for the Southern District of Ohio, Western Division, Amy Miller et al. v. J. Kenneth Blackwell, Case no. C-1-04-735, Page 2. http://fl1.findlaw.com/news.findlaw.com/hdocs/docs/election2004/mlrblackwell102704ord.pdf

[66] Sandy Theis, "Fraud-Busters Busted; GOP's Blanket Challenge Backfires in a Big Way," Plain Dealer, October 31, 2004.

[67] Daniel Tokaji, "Early Returns on Election Reform," George Washington Law Review, Vol. 74, 2005, page 1235

[68] Sandy Theis, "Fraud-Busters Busted; GOP's Blanket Challenge Backfires in a Big Way," Plain Dealer, October 31, 2004.

[69] Andrew Welsh-Huggins, "Out of Country, Off Beaten Path; Reason for Voting Challenges Vary," Plain Dealer (Cleveland, OH), October 27, 2004.

[70] Ohio Revised Code; 3505.19

[71] Directive No. 2004-44 from J. Kenneth Blackwell, Ohio Sec'y of State, to All County Boards of Elections Members, Directors, and Deputy Directors 1 (Oct. 26, 2004).

[72] Fritz Wenzel, "Challenges Filed Against 931 Lucas County Voters," Toledo Blade, October 27, 2004. http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20041027/NEWS09/410270361/-1/NEWS

[73] In the United States District Court for the Southern District of Ohio, Western Division, Amy Miller et al. v. J. Kenneth Blackwell, Case no. C-1-04-735, Page 4. http://news.corporatecounselcentre.ca/hdocs/docs/election2004/mlrblackwell102704ord.pdf

[74] LaRaye Brown, "Elections Board Plans Hearing For Challenges," The News Messenger, October 26, 2004.

[75] LaRaye Brown, "Elections Board Plans Hearing For Challenges," The News Messenger, October 26, 2004.

[76] Miller v. Blackwell, (S.D. Ohio), (6th Cir. 2004) http://news.corporatecounselcentre.ca/hdocs/docs/election2004/mlrblackwell102704ord.pdf

[77] James Drew and Steve Eder, "Court Rejects GOP Voter Challenge; Some Counties Hold Hearings Anyhow; 200 Voters Turned Away," Toledo Blade, October 30, 2004. http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20041030/NEWS09/410300450/-1/NEWS

[78] United States Court of Appeals for the Third Circuit, Republican National Committee v. Democratic National Committee, No. 04-4186 http://moritzlaw.osu.edu/electionlaw/litigation/documents/petitionforrehearingenbanc.pdf

[79] United States Court of Appeals for the Third Circuit, Republican National Committee v. Democratic National Committee, No. 04-4186 http://moritzlaw.osu.edu/electionlaw/litigation/documents/petitionforrehearingenbanc.pdf

[80] Kate Zernike and William Yardley, "Charges of Dirty Tricks, Fraud and Voter Suppression Already Flying in Several States," The New York Times, November 1, 2004.
Greg Palast, "New Florida Vote Scandal Feared," BBC News, October 26, 2004.

[81] Kate Zernike and William Yardley, "Charges of Dirty Tricks, Fraud and Voter Suppression Already Flying in Several States," The New York Times, November 1, 2004.

[82] Greg J. Borowski, "GOP Demands IDs of 37,000 in City," Milwaukee Journal Sentinel, October 30, 2004. http://www2.jsonline.com:80/news/metro/oct04/271173.asp

[83] "The Disenfranchisement of the Re-Enfranchised; How Confusion Over Felon Voter Eligibility in Ohio Keeps Qualified Ex-Offender Voters From the Polls," Prison Reform Advocacy Center, Cincinnati, Ohio, August 2004. http://www.prisonsucks.com/scans/Ohio%20Felon%20Voting%20Rights%20Paper.pdf

[84] Preserving Democracy, 64.
Note: Additional reporting contributed to this paragraph.

[85] Gardner Selby, "Hundreds of Texans Ride Bandwagons Around U.S.; Volunteers Say Election is Too Important Not to Hit the Campaign Trail," San Antonio Express-News (Texas), October 15, 2004.

[86] "Down to the Wire," Newsweek, November 15, 2004.

[87] Lynda Gorov and Anne E. Kornblut, "Gore to Challenge Results; No Plans to Concede; top Fla. Court refuses to order resumption of Miami-Dade County," The Boston Globe, November 24, 2000. http://graphics.boston.com/news/politics/campaign2000/news/Gore_to_challenge_results+.shtml

[88] Al Kamen, "Miami 'Riot' Squad: Where are they Now?" Washington Post, January 24, 2005. http://www.washingtonpost.com/wp-dyn/articles/A31074-2005Jan23.html

[89] Al Kamen, "Walking the Talk," Washington Post, April 21, 2006. http://www.washingtonpost.com/wp-dyn/content/article/2006/04/20/AR2006042002067.html

[90] Secretary of State Directive, No. 2004-31, Section II, September 7, 2004.

[91] Tokaji, pg. 1227
and Voting Rights Act, 42 U.S.C. 1971(a)(2)(B) (2000).

[92] Jim Bebbington and Laura Bischoff, "Blackwell Rulings Rile Voting Advocates," Dayton Daily News.

[93] Congress of the United States House of Representatives, Committee on the Judiciary, letter from Conyers to Blackwell. http://www.house.gov/judiciary_democrats/ohblackwellfollowupltr12304.pdf

[94] Catherine Candisky, "Secretary of State Lifts Order on Voting Forms; Lighter Paper Now Deemed Acceptable for Registration," Columbus Dispatch, September 30, 2004.

[95] Analyses of Voter Disqualification, Cuyahoga County, Ohio, November 2004, Greater Cleveland Voter Registration Coalition, updated May 9, 2006, page 14. http://www.clevelandvotes.org/news/reports/Analyses_Full_Report.pdf

[96] Analyses of Voter Disqualification, page 5.

[97] Analyses of Voter Disqualification, page. 1.

[98] Lucas County Board of Elections - Results of Investigation Following November 2004 General Election, April 5, 2005, Richard Weghorst and Faith Lyon. http://www.sos.state.oh.us/sos/electionsvoter/lucas/LucasCountyInvestigationReport.pdf

[99] "Feds Confirm Investigation of GOP Campaign Contributor," The Associated Press State & Local Wire, April 28, 2005.

[100] Mark Naymik, "Coin Dealer Raised Chunk of Change for Bush," Plain Dealer, August 7, 2005.

[101] Christopher D. Kirkpatrick, "Noe Indicted for Laundering Money to Bush Campaign," Toledo Blade, October 27, 2005. http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20051027/DEVELOPINGNEWS/51027023

Mike Wilkinson and James Drew, "Grand Jury Charges Noe with 53 Felony Counts," Toledo Blade, February 13, 2006. http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20060213/BREAKINGNEWS/60213015

[102] Lucas County Report, pg. 2.

[103] Lucas County Report, pg. 9.

[104] Lucas County Report, pg. 10.

[105] Lucas County Report, pages 9-10.

[106] Lucas County Report, pg. 9.

[107] Lucas County Report, pg. 9.

[108] Lucas County Report, pg. 18.

[109] Lucas County Report, pages 18-19.

[110] Lucas County Report, pg. 19.

[111] Lucas County Report, pages 4, 6.

[112] Lucas County Report, pg. 6.

[113] "Remarks by the President at Victory 2004 Rally," Seagate Convention Centre, Toledo, Ohio, October 29, 2004, The White House. http://www.whitehouse.gov/news/releases/2004/10/20041029-16.html
note: Bernadette and Tom Noe's last name is incorrectly spelled "Noy" in the official White House transcript.

[114] Help America Vote Act, Title III, Uniform and Nondiscriminatory Election Technology and Administration Requirements, Subtitle A Requirements, Section 302. http://www.fec.gov/hava/law_ext.txt

[115] Directive No. 2004-33 from J. Kenneth Blackwell, Ohio Sec'y of State, to All County Boards of Elections 1 (Sept. 16, 2004.).

[116] In the United States District Court for the Northern District of Ohio, Western Division, The Sandusky County Democratic Party v. J. Kenneth Blackwell, Case No. 3:04CV7582, Page 8. http://electionlawblog.org/archives/10-20%20Order.pdf

[117] Gregory Korte and Jim Siegel, "Defiant Blackwell Rips Judge; Secretary Says He'd go to Jail Before Rewriting Ballot Memo," Cincinnati Enquirer, October 22, 2004. http://www.enquirer.com/editions/2004/10/22/loc_blackwell22.html

[118] Sandusky County Democratic Party v. Blackwell, (N.D. Ohio), (6th Cir. 2004).
And Tokaji, pg. 1229

[119]Tokaji, pg. 1231

[120] "Judge, Blackwell, Spar Over Provisional Ballots," The Associated Press, October 20, 2004.

[121] In the United States District Court for the Northern District of Ohio Western Division, The League of Women Voters of Ohio, et al. v. J. Kenneth Blackwell, Case No. 3:04 CV 7622 http://www.moritzlaw.osu.edu/electionlaw/docs/lowv/doc15a.pdf

[122] David G. Savage, Richard B. Schmitt, "Bush Seeks Limit to Suits Over Voting Rights," Los Angeles Times, October 29, 2004. http://www.commondreams.org/headlines04/1029-10.htm

    [123] Judge Julia Smith Gibbons August 2, 2002
    Judge John M. Rogers November 27, 2002
    Judge Jeffrey S. Sutton May 5, 2003
    Judge Deborah L. Cook May 7, 2003
    http://www.ca6.uscourts.gov/internet/court_of_appeals/courtappeals_judges.htm

[124] Darrell Rowland and Lee Leonard, "Federal Agency Distances Itself from Ohio Official; Blackwell Says Their Provisional-Balloting Positions are the Same," Columbus Dispatch (Ohio), October 20, 2004.

[125] David S. Bernstein, "Questioning Ohio," Providence Phoenix, November 12 -18, 2004. http://www.providencephoenix.com/features/other_stories/multi_1/documents/04259695.asp

[126] Norma Robbins, "Facts to Ponder About the 2004 General Election," May 10, 2006. http://www.clevelandvotes.org/news/reports/Facts_to_Ponder.pdf

[127] Fritz Wenzel, "Purging of Rolls, Confusion Anger Voters; 41% of November 2nd Provisional Ballots Axed in Lucas County," Toledo Blade, January 9, 2005. http://toledoblade.com/apps/pbcs.dll/article?AID=/20050109/NEWS09/501090334/-1/NEWS

[128] Interview with Stephanie Tubbs Jones

[129] Democratic National Committee, Voting Rights Institute, "Democracy at Risk: The 2004 Election in Ohio," June 22, 2005. Page 6.

[130] Democracy at Risk, pg. 5.

[131] Ohio Secretary of State Web site, Provisional Ballots; Official Tabulation, November 2, 2004. http://www.sos.state.oh.us/sos/ElectionsVoter/results2004.aspx?Section=148

[132] Michael Powell and Peter Slevin, "Several Factors Contributed to 'Lost' Voters in Ohio," Washington Post, December 15, 2004.

Christopher Hitchens, "Ohio's Odd Numbers," Vanity Fair. http://www.vanityfair.com/commentary/content/printables/050214roco05?print=true

Additional analysis by Bob Fitrakis, editor of the Columbus Free Press, and Richard Hayes Phillips.

[133] Democracy at Risk, pg. 3.

[134] Preserving Democracy, pg. 29.

[135] Democracy at Risk, pg. 5.

[136] Bernstein, Providence Phoenix

[137] U.S. Election Assistance Comm'n, Funding for States, http://www.eac.gov/early_money.asp
and Tokaji, pg. 1222.

[138] "The Battle Over Voting Technology," PBS, Online NewsHour, December 16, 2003. http://www.pbs.org/newshour/vote2004/primaries/sr_technology_debate.html

Paul Festa, "States Scrutinize e-Voting as Primaries Near," CNET News.com, December 8, 2003. http://news.com.com/States+scrutinize+e-voting+as+primaries+near/2100-1028_3-5114062.html

[139] Preserving Democracy, pg. 27.

[140] Preserving Democracy, pg. 30.

[141] Matt Damschroder, chairman of Franklin County Board of Elections.

[142] Preserving Democracy, pg. 26.

[143] Michael Powell and Peter Slevin, "Several Factors Contributed to 'Lost' Voters in Ohio," Washington Post, December 15, 2004. http://www.washingtonpost.com/ac2/wp-dyn/A64737-2004Dec14

[144] Correspondence with Matt Damschroder.

[145] Suzanne Hoholik and Mark Ferenchik, "GOP Council Hopes Rising; Party expects ruling on peititions will put its candidate on ballot," Columbus Dispatch, March 26, 2003.

[146] Preserving Democracy, pg. 25.

[147] Mark Niquette, "GOP Strongholds Saw Increase in Voting Machines," Columbus Dispatch, December 12, 2004. http://www.dispatch.com/news-story.php?story=dispatch/2004/12/12/20041212-A1-03.html

[148] Michael Powell and Peter Slevin, "Several Factors Contributed to 'Lost' Voters in Ohio," Washington Post, December 15, 2004. http://www.washingtonpost.com/wp-dyn/articles/A64737-2004Dec14.html

[149] Columbus Free Press editor, Bob Fitrakis.

[150] "Voting Machine Allocation in Franklin County, Ohio, 2004: Response to the U.S. Department of Justice Letter of June 29, 2005," Walter R. Mebane, Jr., February 11, 2006, Page 13. http://macht.arts.cornell.edu/wrm1/franklin2.pdf

[151] Tokaji, pg. 1238.
Ohio Democratic Party v. Blackwell, No. C2 04 1055, (S.D. Ohio Nov. 2, 2004). http://moritzlaw.osu.edu/electionlaw/docs/ohio/041102LongLinecomplaint.pdf

[152] Ohio Democratic Party v. Blackwell, No. C2 04 1055, (S.D. Ohio Nov. 2, 2004). http://moritzlaw.osu.edu/electionlaw/docs/ohio/041102LongLinecomplaint.pdf

[153] Ohio Democratic Party v. Blackwell, No. C2 04 1055, slip op. At 1 (S.D. Ohio Nov. 2, 2004). http://moritzlaw.osu.edu/electionlaw/docs/ohio/041102LongLineOrder.pdf

[154] Washington Post, "Several Factors Contributed to 'Lost' Voters in Ohio," Michael Powell and Peter Slevin, December 15, 2004.

[155] Preserving Democracy, pg. 25.

[156] Affidavit of Richard Hayes Phillips, December 10, 2004. http://www.yuricareport.com/2004%20Election%20Fraud/AffidavitPhillipsShowsKerryCouldWinOhio.html

[157] Mark Niquette, "Finally, It's Time to Vote; U.S. Appeals Court Overturns Ban, Allows Challengers Back in Polling Sites," Columbus Dispatch (Ohio), November 2, 2004.

[158] In the United States District Court for the Southern District of Ohio, Western Division, Marian A. Spencer, et. al., v. J. Kenneth Blackwell, Case no. C-1-04-738, page 3. http://www.ohsd.uscourts.gov/pdf/Spencer.65.ord.pdf

[159] James Dao, "The 2004 Campaign: Ohio, G.O.P. Bid to Contest Registrations is Blocked," The New York Times, October 28, 2004. http://select.nytimes.com/gst/abstract.html

[160] Marian A. Spencer, et. al., v. J. Kenneth Blackwell; In the United States District Court for the Southern District of Ohio, Western Division; Case no. C-1-04-738. http://www.ohsd.uscourts.gov/pdf/Spencer.65.ord.pdf

[161] Dan Horn, Howard Wilkinson, and Cindi Andrews, "Supreme Court Justice Allows Challengers," Cincinnati Enquirer. http://www.enquirer.com/midday/11/11032004_News_mday_challengers03.html

[162] Tokaji, pages 1237-1238.

[163] Democracy at Risk, pg. 20.

[164] The Columbus Free Press.

[165] "Errors Plague Voting Process in Ohio, Pa." The Vindicator, November 3, 2004, Vindicator Staff Report http://www.vindy.com/basic/news/281829446390855.php

[166] Voters Unite catalogues news reports from around the country that give examples of dysfunctional voting machines, among other election stories. http://www.votersunite.org/electionproblems.asp?sort=date&selectstate=ALL&selectproblemtype=Machine+malfunction

[167] The Columbus Free Press.

[168] Jim Woods, "In One Precinct, Bush's Tally was Supersized by a Computer Glitch," Columbus Dispatch (Ohio), November 5, 2004.

[169] Hitchens, Vanity Fair.

[170] Letter from J. Kenneth Blackwell, Ohio Secretary of State, to Doug White, President, Ohio Senate 3 (Feb. 26, 2004).

[171] Sixty-eight counties used punch card ballots. Thirteen used optical scan machines. Seven used touch-screen technology.

[172] Malia Rulon, "Congressman Calls For FBI Investigation Into Ohio Election," The Associated Press State & Local Wire, December 15, 2004.

[173] Tokaji, Page 1221.

[174] Jim Konkoly, "Volunteers Complete Local Recount," Coshocton Tribune, December 18, 2004.

[175] New York Times, "Voting Problems in Ohio Spur Call for Overhaul," James Dao, Ford Fessenden, December 24, 2004. http://www.nytimes.com/2004/12/24/national/24vote.html

[176] Ken McCall and Jim Bebbington, "Two Precincts had High Undercounts, Analysis Shows,"Dayton Daily News, November 18, 2004.

[177] Lisa A. Abraham, "Punch-Card Voting is Illegal," Akron Beacon Journal, April 22, 2006. http://www.ohio.com/mld/ohio/news/14404305.htm?template=contentModules/printstory.jsp

[178] Analysis by Hayes Phillips.

[179] Preserving Democracy, pg. 57.

[180] Analysis by Hayes Phillips.

[181] Analysis completed by using official tallies on the Ohio Secretary of State Web site. Official tallies for Kerry: http://www.sos.state.oh.us/sos/ElectionsVoter/results2004.aspx?Section=135

Official tallies for Connally: http://www.sos.state.oh.us/sos/ElectionsVoter/results2004.aspx?Section=138

[182] Preserving Democracy, pg. 55.

[183] Analysis conducted through official vote tallies posted on Ohio Secretary of State Web site. http://www.sos.state.oh.us/sos/ElectionsVoter/results2004.aspx?Section=135 http://www.sos.state.oh.us/sos/ElectionsVoter/results2004.aspx?Section=138

[184] Letter from Rep. John Conyers to Chris Swecker, assistant director of the Criminal Investigative Division at the Federal Bureau of Investigation. See attached affidavits. http://www.house.gov/judiciary_democrats/ohelecfbifollowupltr12805.pdf

[185] Miami County Board of Elections.

[186] Confirmed by Bob Fitrakis of the Free Press

[187] Analysis conducted through official vote tallies posted on Ohio Secretary of State Web site.

[188] Erin Miller, "Board Awaits State Follow Up," The Evening Leader. http://www.theeveningleader.com/articles/2004/11/06/news/news.01.txt

[189] "Preserving Democracy," pages 58-59.

[190] The Associated Press, "News Groups Sue Ohio Elections Chief Over Poll Access," Associated Press, November 2, 2004.
and Mark Crispin Miller, "None Dare Call It Stolen," Harper's, August 2005. http://www.harpers.org/ExcerptNoneDare.html

[191] Incidents in Warren County were catalogued in a series of articles by the Cincinnati Enquirer:

Erica Solving, "No Changes in Final Warren Co. Vote Count; E-mails Released Monday Show Lockdown Pre-planned," Cincinnati Enquirer, November 16, 2004. http://news.enquirer.com/apps/pbcs.dll/article?AID=/20041116/NEWS01/411160355/1056

Erica Solving, "Warren's Vote Tally Walled Off; Alone in Ohio, Officials Cited Homeland Security," Cincinnati Enquirer, November 5, 2004. http://www.enquirer.com/editions/2004/11/05/loc_warrenvote05.html

Erica Solvig and Dan Horn, "Warren Co. Defends Lockdown Decision; FBI denies warning officials of any special threat," Cincinnati Enquirer, November 10, 2004.

Erica Solvig, "Warren Co. Recount Goes Public; After Election Night lockdown, security eases up," Cincinnati Enquirer, December 15, 2004.

[192] Erica Solvig, "Warren's Vote Tally Walled Off; Alone in Ohio, Officials Cited Homeland Security," Cincinnati Enquirer, November 5, 2004. http://www.enquirer.com/editions/2004/11/05/loc_warrenvote05.html

[193] Analysis conducted through official vote tallies posted on the Ohio Secretary of State Web site.

[194] "Preserving Democracy," pg. 52.

[195] Analysis conducted through official vote tallies posted on the Ohio Secretary of State Web site.

[196] Joan Mazzolini, "Workers Accused of Fudging '04 Recount; Prosecutor Says Cuyahoga Skirted Rules," The Plain Dealer, April 6, 2006. http://www.cleveland.com/election/plaindealer/index.ssf?/base/cuyahoga/1144312870224340.xml&coll=2

[197] Malia Rulon, "Congressman Calls for FBI Investigation Into Ohio election," The Associated Press, December 15, 2004.

[198] Affidavit, December 13, 2004, Sherole Eaton, Re: General Election 2004, Hocking County. http://www.truthout.org/mm_01/5.121004.Robersondep.pdf

[199] Jon Craig, "'04 Election in Hocking County; Worker Who Questioned Recount is Asked to Quit," Columbus Dispatch (Ohio), June 1st, 2005. http://www.dispatch.com/news-story.php?story=dispatch/2005/06/01/20050601-B3-03.html&chck=t

[200] "Preserving Democracy," pg. 81.

[201] www.opensecrets.org

[202] "Preserving Democracy," pg. 82.

[203] "Preserving Democracy," pg. 83.

[204] Ohio Secretary of State's press office.

[205] Count Every Vote Act of 2005 http://www.pfaw.org/pfaw/dfiles/file_493.pdf

[206] Dena Bunis, "Senate Limits Immigration Debate," The Orange County Register, May 24, 2006. http://www.ocregister.com/ocregister/homepage/abox/article_1153484.php

[207] Tokaji's blog, Election Law at Moritz, "McConnell's Voter ID Amendment," May 22, 2006. http://moritzlaw.osu.edu/blogs/tokaji/2006/05/mcconnells-voter-id-amendment.html

[208] United States District Court Northern District of Georgia, Rome Division. http://moritzlaw.osu.edu/blogs/tokaji/Order%20Granting%20Preliminary%20Injunction%20email.pdf