Archives for December 2004

Liberal political website Permanent Defense reminds us of Dino Rossi’s quote from December 4th: “I have faith in you, the voters of Washington. Unfortunately, Christine Gregoire has faith in lawyers.”

It is curious to see how Dino’s faith in voters has wavered in the face of adversity. But then, after watching him run to the center after a establishing a right-wing legislative voting record, his sudden conversion to The Church of Christ, Attorney should come as no surprise.

Rossi now knows that he will likely lose the hand recount, regardless of the Supreme Court decision, and is now laying the legal and PR groundwork for a contested election and an eventual revote. This is a strategy that has been planned for weeks. Indeed, when you load the elections page at Permanent Defense, it plays an audio clip from a Nov 24th KOMO TV report, in which state Republicans threaten that if there is a recount, the Bush White House will send a team of lawyers to put up a fight: “And they will be unleashed, and there will be lawsuits affecting virtually every county in the state.”

It almost sounds as scriptural in it’s phrasing, as it is prophetic in describing our current circumstances. I guess Rossi has always been a man of faith… in lawyers.

There’s a hell of a lot to blog about, but it’s been a long day, it’s late, and I’m tired. So I’m just going to briefly mention a man I met at the rally today.

We’ve heard a lot about the 723 ballots that haven’t been counted because signatures were not scanned into the King County Elections computers. But what seems to have been forgotten is that these ballots were cast by real people… people like Jack Oxford, one of the 723 citizens who cast their ballots believing that every vote counts, only to find that theirs did not.

You may have seen Jack on the news, asking Dino Rossi not to take away his right to vote. Jack’s not a politician or an activist or a blogger, he’s just an ordinary taxpayer forced into the extraordinary situation of publicly pleading for his vote to count. He is also a veteran, who risked his life defending the basic democratic rights that Dino Rossi is now going to court to deny him.

If all we’re talking about is absentee ballots, and signature cards, and chain-of-custody, and canvassing and recanvassing and abstract stuff like that, it becomes easy to talk with authority about disenfranchising a disembodied voter because of a clerical error or a technicality. But unless we remember that each one of these ballots represents a real person expressing their most fundamental democratic right, we don’t know jack.

As my regular readers know, I have strong opinions, and express them passionately. Thus I take considerable care to get my facts straight before presenting them as such, for fear of later being made to look the fool.

So it is with some embarrassment that I must now admit that I have previously misspoken by referring to the 723 ballots as “erroneously rejected.” In fact, after considerable research and analysis, I have come to the conclusion that they were not actually rejected at all.

While I hope a King County election worker will correct me if I’m wrong, here is apparently what happened. During the original canvassing, those absentee ballots for which there was no signature on file in the computer, were set aside for later verification. They were not “rejected”, and they were not mixed in with the rejected ballots. They were sorted and segregated into separate trays, but due to some unexplained error, were locked into the cage with the rejected ballots, and forgotten.

This is borne out by the TV video of the 150 ballots being found, in the cage, in their own separate tray. And it also explains why none of these 723 voters received notice that their ballot had been rejected due to signature problems… because they were never rejected.

Thus King County Elections is not seeking to recanvass these ballots, but merely to complete the canvassing that was started during the first count, but never completed.

This is a subtle, but important distinction. To say that these ballots are being recanvassed, implies that the canvassing board is seeking to add more ballots to the count by overruling prior decisions — right or wrong — of delegated election workers. In fact, no decision as to the validity of the signatures on these ballots was ever made, erroneous or otherwise.

Unlike the 1500 absentee ballots that were rejected by election workers due to signature matching problems, the signatures on the “723” were never examined… for there was nothing to compare them to. And unlike the infamous 22 ballots recently discovered in the bases of polling equipment, these are not newly found ballots.

The “723” are ballots that were included in the canvass of the first count, but were not counted because their canvassing was never properly completed. They were not “rejected.” They are not “new.” Those that are determined to be valid were simply “miscounted.”

This is exactly the kind of error a recount is intended to catch.

Great minds think alike…

Rally at Rossi’s:
Where: Rossi HQ, 330 112th AVE NE (corner of 112th NE & 4th, in Bellevue)
When: Tomorrow, Sunday Dec 19, 3PM
Why: Do you really need to ask? The bastard’s trying to steal this election by stopping KC from counting votes!

Come join me and other concerned voters from around the state, and tell Dino Rossi that we don’t want him turning Washington into Florida. Express your outrage, mug for the TV cameras, and then maybe we’ll all go out for a beer.

According to Chris Vance’s backup singers over on (un)Sound Politics, KVI is planning a “Ukraine-themed rally” in Olympia on Tuesday. I suppose that means poisoning the water supply with dioxin. (Which I believe is actually one of the BIAW’s top legislative priorities for the 2005 session.)

Wait a minute… Republicans are trying to stop King County from counting legal votes, and they get to protest? Are we living in a friggin’ Orwell novel?

Well why let the righties have all the fun? I say we organize a protest rally of our own, this Sunday, some place symbolically (and conveniently) located in or near Seattle. I’ll bring the beer and the TV news crews.

So if you’re up for a little fun at Dino Rossi’s expense (or just want to get your ugly mug on TV), let’s start brainstorming and spreading the word. I promise you… this’ll be fun.

Spokane County just reported: Gregoire +8, Rossi +15, meaning Rossi has gained 8 votes on the hand recount thus far, bringing his margin up to a whopping 50 votes.

The Snark may not like my math, but if you take the ratio of new votes to vote totals statewide thus far, and extrapolate that to the vote totals in King County after the machine recount, we would expect to see Gregoire +327 to Rossi +196 in the hand count… without the 723 perfectly-legal-but-inexplicably-excluded ballots.

So there.

That’s all from me for a few hours.

Pierce County Superior Court has issued a temporary restraining order preventing King County from counting the 573 (723?) erroneously rejected absentee ballots. Back to the Supremes.

I will restrain from editorializing for the moment… I don’t want to sound like the paranoid loons on the right-wing blogs.

UPDATE:
I take that back… I’m only willing to show so much restraint.

First of all, I’m fairly confident that the Supreme Court will overturn this decision. But if they don’t, and Rossi wins on a technicality, then we will have seen a miscarriage of justice that transcends any paranoid fantasy perpetrated on the right-wing blogs.

Nobody is arguing that these are not legal votes from legal voters. Nobody is implying that there was any voter error. These are ballots that would have been counted the first time if election workers had done their job right.

What the court just said was “fuck you” to the voters being disenfranchised, and “fuck you” to efforts to elect a governor based on who actually got the most votes, rather than who got the most votes in counties that managed to canvass them correctly the first time around.

Gregoire could still pull ahead without these ballots, but regardless of who “wins” this election, voters should be outraged if these votes aren’t counted. I know I will be.

UPDATE, UPDATE:
Oh… and to those of you offended by my use of profanity… it’s my blog and I can curse if I want to. What… you never express emotion when things don’t go your way?

Pierce County has just reported their hand recount results: Gregoire +232, Rossi +201

With only Spokane and King left to report, we are virtually back to where we started, with a net pickup of one vote for Dino Lossi Rossi.

According to a report this morning in The Seattle Times, King County Elections Director Dean Logan believes there may be another 162 absentee ballots that had been erroneously rejected because workers couldn’t find signatures on file.

Is that the shit I hear hitting the fan? No, it’s just the sound of the likely losers asking for a new election.

UPDATE: It’s 150 new ballots, for a total of 723.

At this crucial point in the recount, when any misstep or momentary wavering of resolve could cost Christine Gregoire the election, Democrats must pause and ask themselves: “What would Tom DeLay do?”

The state GOP knows the answer, and that’s why after weeks of attacking Democrats for dragging the election into the courts, they have predictably lawyered up and filed a motion in Pierce County Superior Court seeking a restraining order to prevent King County Elections from verifying the signatures on the 573 wrongly rejected absentee ballots. Yup, all their talk about the “will of the people” was merely that.

By now it should be clear that Republicans are out to win at any cost, and to that end, GOPolitburo Chair Chris Vance continues to spew the kind of Orwellian doublespeak that would make the bug-man from Texas proud:

“If King County moves forward we will never know the truth about those ballots,” said Republican State Party Chairman Chris Vance. “We want to get some answers about these very suspicious ballots.”

But it is the truth about those ballots — the votes recorded on them — that Chairman Vance desperately wants to conceal… for we all know that if those votes are counted, Dino Rossi’s prospects would dangle more precariously than a one-cornered chad.

And so Democrats must ask themselves… “what would Tom DeLay do?”… because that is surely the question that Chris Vance is now asking himself. Would he fret over disenfranchising voters with the governorship hanging in the balance? Would he hesitate to unfairly malign an opponent or a public employee or a colleague or even a friend, if it would work to his political advantage? Would he stop at bending, stretching or disregarding the truth, if that’s what it took to win?

Democrats should not kid themselves about how far Chris Vance and his party would go to win this election. If he could halt King County’s recount, he would… if he could throw out the county’s ballots entirely, he’d blithely point to the state’s remaining votes as evidence of a landslide and the mandate that goes with it.

What would Tom DeLay do? Chris Vance is already doing it, and Democrats must be relentlessly and unapologetically aggressive in fighting him for every last damn vote.

Snohomish County just reported the results of their hand recount: Gregoire +119, Rossi +75

Combine Gregoire’s 44 vote pickup with the unofficial 17 vote pickup from Pierce County (with about 75 ballots left to canvass), and Rossi’s lead is down to 57 votes. Unless Rossi benefits from a surprise in Spokane County, King could easily put Gregoire over the top, with or without the 573.

UPDATE:
Couldn’t help but poke a little fun at the befuddled numerologists over at (un)Sound Politics, desperate to prove their spreadsheets more accurate than the actual election:

It’s fair to assume that any newly discovered ballots would be distributed to the two candidates based on their share of the previous vote counts. In this case, 194 new two-party votes were added in Shohomish, of which 75 went to Rossi, 24 fewer than would have been expected based on his share of the machine recount in that county. The probability of such a large deviation is only 0.03%. This is not an outcome that can reasonably be attributed to chance. Another explanation is required and it would be interesting to hear what it might be.

Yeah… how come I didn’t see Stefan pondering the discrepancy when new votes in Whatcom and Skagit went disproportionately for Rossi?

I just got off the phone with King County Council Chair Larry Phillips, and here is the information straight from the horse’s, uh… mouth:

He did NOT receive a notice that his absentee ballot had signature problems.

He does not know if notices were sent to some or all or none of the other 573, but he most definitely did not receive one.

As to how he found his name on the list in the first place, he was very detailed about the circumstances. At a Christmas party last Thursday he was approached by a friend to help out on Sunday to canvass voters whose ballots had not been counted. He showed up at the field office in Fremont (as did fellow Councilmember Dow Constantine), where after first being assigned an area in West Seattle, and then in Carnation, he eventually convinced them to give him an area in his own district. After first familiarizing himself with the maps, he started reading through the names and addresses, and found himself tenth on the list. After finishing his canvassing, he started making phone calls, and well… you know what happened next.

No scandal, no suspicious circumstances… just sheer, dumb luck.

Phillips also emphasized that these are all legal absentee ballots from legal voters that were incorrectly rejected due to a procedural error: election workers should have pulled the paper work when they did not find the signatures on the computer.

So unless you are calling Phillips a liar, enough already of the speculation and conjecture surrounding these 573 ballots. They were rejected by mistake, and discovered by accident… and that is that.

Popular liberal blog Daily Kos has posted a new report from an observer on the floor of the King County recount.

The process is transparent, clear, and it’s working. It is transparent to the point that they sorted their trash publicly, with six observers from each side watching for stray ballots.

The report gives a very detailed accounting of the actual process that is being used to recount the ballots, and the bipartisan way in which the very few problems that have arisen are being resolved. This is recommended reading for both the inconsolable paranoids convinced the election is being stolen from under their noses, as well as the more rational amongst us on both sides of the aisle who have been trying to console the inconsolable with the very reasonable argument that it is nearly impossible to steal anything under this much scrutiny.

I agree wholeheartedly with the closing sentiments of the observer:

For the record, I’ve said here at Kos that this recount makes me sad. It still does; the winner loses by being tainted with the possibility of “stealing” the election, the loser loses because they will feel they were wronged. It’s not anyone’s fault (well, a certain campaign could have been better run, but that’s moot now); it’s just the nature of an election this close. The folks on the Republican side have agreed with me that ultimately, elections this close are lose-lose for both sides, and it’s unfortunate. But in the end, we’re all doing our best to make sure the counts are accurate, and the voters will benefit from that.

As reported widely, the King County Canvassing Board voted 2-1 today to proceed with signature verification on the 573 absentee ballots that had been erroneously rejected when computer records did not have their signatures on file. County Elections Director Dean Logan believes most of the ballots belong to valid, registered voters. Ballots with matching signatures will be brought back before the canvassing board.

The board postponed a decision on what to do with the 22 absentee and provisional ballots recently discovered in the base of voting machines.

Yesterday, GOPolitburo Chair Chris Vance repeated the mantra that has characterized his party’s PR campaign since the morning after the election:

Republicans are now “absolutely convinced that King County is trying to steal this election,”

Sometimes directly, sometimes indirectly, sometimes couched in legalese or pseudo-statistics, sometimes bluntly vicious… the state GOP and their evil elves on the right-wing blogs have relentlessly pushed the message that the only path to Democratic victory is outright fraud and corruption.

And their PR campaign has been a brilliant success. Even one of the most liberal legislators in the state is apparently cowed by the supposed public perception the Republicans have labored so hard to fabricate:

Sen. Adam Kline, D-Seattle, an attorney who will be chairman of the Senate Judiciary Committee, said there is a “popular assumption” that Rossi has won the race, in part because of the Republican’s careful postelection public-relations strategy.

That, he said, will put Democrats “on very, very thin ice with the public” if lawmakers get involved in determining the outcome.

“I would be very, very careful here,” Kline said. “No matter how thoughtful and surgically precise we approached this, if we were seen publicly as trying to steal an election, the ill will we would invite would be worse than four years of Dino Rossi.”

This is shit!

Let’s lay out a few facts here:

A) Statute called for an automatic machine recount, and allows for this hand recount as the final tally. Therefore, Rossi has not won anything.

B) If the 573 legitimate ballots — erroneously disqualified because election workers failed to check the signatures against the original records — had been counted the first time around, it would be Gregoire who would have come out of the mandatory machine recount with a 40-some vote lead… and it would have been Rossi trying to overturn the election by paying for a hand recount.

C) There are approximately 3000 additional ballots that have been disqualified in King County, because unlike some other counties, election workers actually did their job and matched signatures. The vast majority of these are legitimate ballots from legitimately registered voters, whose signatures failed to match those on record, or failed to sign their ballots at all. While the rules may in the end disqualify these ballots, the intent of these voters remains intact: a majority of voters who cast ballots for governor most likely did not choose Dino Rossi.

D) There has been no documented evidence provided of a single incident of fraud or corruption.

So… when Republicans claim that Democrats are trying to “steal this election”, the first thing I ask is, “from whom?”

Had election workers not erroneously disenfranchised those 573 voters, Christine Gregoire would now be the Governor-elect, and Dino Rossi would be the usurper. Okay, shit happens. But more disgusting is the GOP rant that Democrats are trying to overturn the will of the people. Gimme a break! In an election whose margin of victory is too far within the voting technology’s margin of error to provide confidence that we can ever accurately determine the results, such a claim is just downright insulting. And in light of the thousands of voters from Democratic stronghold King County who were disenfranchised on technicalities, it is at least as reasonable to argue that the majority of legal voters intended to elect Gregoire.

Are Democrats trying to take the governorship away from Dino Rossi? Absolutely. But they are not trying to steal anything from the people.

My second question is, “how” are Democrats supposedly stealing this election? By making their case before the Supreme Court, and losing? By counting ballots that should have been counted the first time around? By asking for a hand recount they shouldn’t have had to ask for in first place, that has uncovered hundreds of additional Rossi votes without complaint?

Republicans have accused Democrats of trying to “change the rules in the middle of the game.” But A) this is not a game, and B) if they are attempting to “change the rules” they are doing so by the rules already in place. Statute gives canvassing boards the discretion during a recount to fix any counting and canvassing errors they discover, and that is what Dems are now asking the counties to do.

You want to argue that there has been too much sloppiness and error by election workers in King County, have at it. But it has all disadvantaged Democrats, both in the vote count, and in the PR battle. If this is corruption, it’s the most incompetent corruption I have ever seen.

Yeah, I forgot… us Democrats are all a bunch of liars and cheats, with a long tradition of using electoral fraud to cling to what little power we have left. Well the only reasonable thing to say in response is… fuck you!

I mean it. Every single one of you blinded-by-the-right Rossifarian wingnuts, desperately searching for some enemy to validate your anger… the next time you write an unsupported comment here accusing Democrats of fraud and corruption and malfeasance and vote-stealing and pig-fucking or whatever… remember, you are saying this about ME, personally! And from here on out, I intend to take it personally, and respond in kind.

The truth is, the Republicans knew on election night that the governor’s race was going to be a crap shoot, and their efforts have been as much about delegitimizing a potential Gregoire administration as it has been about assuring a Rossi one. This isn’t about stealing elections, it’s about both sides playing political hardball. And what’s really pissing off Republicans, is that WA state Democrats aren’t just rolling over like their national counterparts.