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Grex > Agora35 > #124: Win the electoral college but lose the popular vote? | |
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| 25 new of 409 responses total. |
tpryan
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response 75 of 409:
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Nov 9 17:14 UTC 2000 |
re 62 and such: All she had to do then was punch an additional hole to
spoil her ballot.
The paperboard ballots of Pittsfield Township get validated by the
mechanism that draws them into the machine. It allows the discovery
of a spoiled ballot while the voter is still there. A rather nifty
addition to a people and machine readable form.
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albaugh
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response 76 of 409:
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Nov 9 17:39 UTC 2000 |
In doing a quick Alta Vista search, I landed on a pretty good web site that
explains the Electoral College, and deals with the issues of EC versus popular
vote: http://www.avagara.com/e_c/
The site is definitely pro-EC. It claims that the EC prevents a president
from being elected due to an undue popular advantage in a particular reason.
But I don't give that argument any merit, if one is to accept that everyone's
vote everywhere should hold equal weight. The popular total should be enough
to decide.
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polygon
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response 77 of 409:
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Nov 9 18:28 UTC 2000 |
Re 71,72,73,74. This is pretty much a myth that Republicans have been
repeating since 1960, that "Mayor Daley stole the presidential election."
Well, first of all, Kennedy won the popular vote by a margin of over
100,000. If Nixon won the electoral college, he would have done so
despite losing the popular vote, just as George W. Bush is about to do.
It's beyond fantasy to think that Kennedy benefited from 100,000
fraudulent votes.
Second, as Aaron pointed out, in the Electoral College, Kennedy didn't
need Illinois. He had enough electoral votes elsewhere. So nothing that
Daley did in Illinois could possibly have changed the outcome.
Republicans, challenged on this point, immediately say, well, there's also
Texas. But while Kennedy won Illinois by less than 9,000 votes, he won
Texas by more than five times as much. I don't know much about what was
happening in Texas at the time, but I'm skeptical that somebody could have
stolen 50,000 votes without anybody noticing. And blaming Mayor Daley for
Texas is a stretch, to say the least.
If Illinois was tipped to JFK by stolen votes, it would have taken a much
smaller number. If Illinois and Texas were both tipped to JFK by fraud,
the Texas story should have been much bigger. In truth, I doubt that
election fraud changed either state's outcome.
One of the things which aroused attention at the time was Kennedy's very
high percentage in black precincts, I think something like 75%. Nowadays,
we would be surprised to see a Democrat getting only 75% in an all-black
area, but at the time, it was surprising.
But before the election, Martin Luther King was arrested in Atlanta, and
Kennedy phoned to offer support. This act got enormous attention among
black voters nationwide, and it helped trigger the movement away from the
Republican Party that was already under way since FDR. White Republicans
who thought of King as merely some Negro troublemaker probably either
didn't realize the significance of Kennedy's gesture or didn't like
Kennedy getting anything positive for consorting with a criminal.
Either way, a lot of the hullabaloo over "vote fraud" in Chicago reflected
concern or anger that black voters were affecting the outcome. Four years
later, the Republican Party nominated Barry Goldwater, who endorsed
states' rights to enforce segregation -- and the black community has been
over 90% Democratic ever since.
What has been dropped from the Chicago 1960 election story that circulates
among Republican is that Chicago was both recounted and studied by
independent observers, and no evidence was found of any actual vote fraud.
The recount of Chicago's 1.7 million votes found a net gain of 312 for
Nixon. The recount then moved to the Cook County suburbs, where paper
ballots were in use. Counting paper ballots is not as simple as you might
think, because there are complex legal rules that apply to the ambiguous
cases, e.g., did the X cross inside the square. With a scrupulous recount
of the paper ballots, directed by attorneys for both parties with
reporters and observers watching, suburb by suburb by suburb, Kennedy
gained over 2,000 votes, bringing his statewide margin from six thousand
to over eight thousand. Before they were halfway done, the Republicans
called off the recount.
Recently, Seymour Hirsh wrote a book critical of JFK and Kennedy family
shenanigans. The book got a lot of press attention because it detailed
Kennedy's unusual sexual activities, but it also discussed the various
underhanded things Kennedy did to win the 1960 nomination. Note that
presidential primaries were a joke until Kennedy came along: nominations
were decided by party leaders in "smoke filled rooms."
One of the key turning points in the campaign was the West Virginia
presidential primary. In certain counties in West Virginia, you win a
primary by paying off the county officials, who control the outcome either
by leadership or intimidation of the handful of voters in a low-turnout
primary, or though outright fraud. The Kennedys paid their money, didn't
ask questions, and won the primary.
I mention this because the West Virginia primary is the one place where
Hirsh found Kennedy complicit in vote fraud. As to Chicago, he documents
a previously undisclosed meeting a year before the 1960 election between
JFK's father Joe Kennedy and Chicago's Mafia leaders. Some kind of deal
was made to make the Teamsters pension fund available to the Kennedy
campaign, and to pressure members of corrupt labor unions to vote for
Kennedy. Not something that reflects well on the Kennedys, certainly, but
pressuring someone to go to the polls is not vote fraud.
The lie about Illinois in 1960 has been repeated for so long and so often
that most people assume it's true. It's like the old line that "Mussolini
made the trains run on time." -- he didn't, but everyone now assumes he
did. A lie repeated often enough becomes truth.
Well, now the Democrats have their own myth to harp on for the next forty
years. Unlike Illinois in 1960, Florida really DOES determine the
Electoral College winner. And JFK's 1960 margin in Illinois was more than
ten times higher than GWB's current lead in Florida. Though I personally
doubt that the most exacting recount of Florida's votes could change the
outcome, the feeling is going to persist that because of "irregularities,"
in a state drenched in drug money, led by the candidate's brother, Bush
won the presidency on fraud.
Add that to the fact that, unlike Kennedy in 1960, Bush really did lose
the popular vote.
Decades from now, when Bush's name comes up in conversation, people will
say, "Bush? Oh, right, you mean the guy who stole the election." And no
matter how often it gets debunked, people will keep repeating it. Another
lie will turn into truth.
And history will suffer.
Today's Republicans should think about this the next time they're about to
glibly repeat the Chicago lie.
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rcurl
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response 78 of 409:
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Nov 9 18:45 UTC 2000 |
It really does not matter which state happens to be the last to resolve an
otherwise tied election. It is false to say "Florida really DOES determine
the Electoral College winner". It also matters what the results were in
all the other states. *As it turns out*, we are in a novel situation with
the spotlight on Florida, but if Florida had fully reported much earlier?
It would have been noticed that it had been close there, but the nation
would not have been focused on it as it is now.
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polygon
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response 79 of 409:
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Nov 9 19:29 UTC 2000 |
Re 78. Which other state was as close as Florida?
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krj
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response 80 of 409:
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Nov 9 19:42 UTC 2000 |
Bruce mistakenly entered some stuff in polygon's "Free Democratic Desks!"
and then we had the following exchange, which I want to transplant
here where I have a hope of finding it again...
>#7 of 11: by Rane Curl (rcurl) on Thu, Nov 9, 2000 (12:38):
> Now, do you agree just because it is the only thing that might get
> Bush elected - or do you think it is a good thing in principle? 8^}
> Would you still think that if the college voted for Gore on the
> basis of the popular vote? They can, you know.
>
>#8 of 11: by John H. Remmers (remmers) on Thu, Nov 9, 2000 (12:50):
> Can they? I thought that in most states electors were required
> to vote for the candidates that they were electors for.
Today's Washington Post has a very good article on this topic.
"Twenty-six states have no legal prohibition against 'faithless
electors.' Some 24 states and the District do have such laws, but
these laws' enforcability is highly debatable."
The article says that if Gore wins Oregon, then there is
tremendous opportunity for "mischief" or politicking, depending on
your definition. A switch of two electors away from Bush would
dump the election into the House, and a switch of three electors
would give the election to Gore.
The article also points out that:
"Under a federal statue passed in the wake of the 1876 political
crisis,... members of Congress have the right to object to any
electoral vote not 'regularly given.'...
"In 1960, the new state of Hawaii sent the votes of two different
sets of electors to Washington. One set, pledged to the Republican
candidate, then-Vice President Nixon, had been certified to represent
the state after a first popular-vote count showed Nixon the winner
of the state by a mere 151 votes. The second after a recount gave
the state to Kennedy by 115.
"On Jan. 6 1961, Nixon, presiding over a joint session of Congress in
his capacity as president of the senate, recommended that the votes of the
pro-Kennedy electors be counted without objection.
"Nixon could afford to be magnanimous because Hawaii's votes would have
made no difference to the ultimate result."
http://www.washingtonpost.com/wp-dyn/articles/A49599-2000Nov8.html
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bru
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response 81 of 409:
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Nov 9 19:56 UTC 2000 |
I found this position clear and concise so I pass it along to you..
MEINTEXAS
1. In Florida, all ballots must be printed publicly in the paper prior to the
election. Additionally, all voters are sent a sample ballot for their careful
review and consideration prior to the day of the election. NO ONE had any
grievances about the so-called butterfly ballot in the West Palm Area prior
to the election. A little known fact regarding this ballot is that it was
created by a DEMOCRAT who supervises the elections in that area. This was not
a right wing conspiracy, folks.
2. Last time I checked, it was a privilege to vote. If you are so lucky as
to be given the chance to express your right to vote, you should take this
responsibility seriously. It is that person's RESPONSIBILITY to be diligent
in how they mark their ballots. The sample ballots explain in detail that if
a mistake is made, the voter simply must request a new ballot and one will
be given to them. Why is there people in West Palm CRYING that they voted for
the wrong person? Why didn't they request a new ballot when they noticed that
an error had been made? Maybe they did vote for the right person, but now wish
they had voted for someone else. Who will ever really know? The press is
making a big scene about all those ballots in that area which had been
disqualified because multiple candidates for the same position had been
punched. This is human error. The ballot had large print to facilitate seniors
being about to read the ballot and also had an ARROW pointing to the
appropriate punch. How much simpler can this get, people? I for one believe
that if you couldn't take the time to responsibly vote for your candidate,
then you blew your chance. This is not anyone's fault but the voters. Yet
another example of certain segments of our society blaming ANYONE else other
than themselves for their personal transgressions. Get over the whining and
accept that you blew it. Blah blah blah...Maybe you will be a little more
careful next election. If you don't, oh well....
3. I am absolutely incensed that the media has played off their meddling with
this election as just "technical difficulties" with their statistical models
which chose projections. What hogwash!!!! Anyone that knows anything about
statistics knows that you cannot project final results from a miniscule sample
size of six precincts reporting. I, for one, think that the press should be
blacked out until every poll in the US is CLOSED. No projections or biased
accounts of what will happen need to influence voters in any other area of
the country. I was sitting at a GOP party in Hillsborough County Florida at
7:45 pm when Fox called Florida for Gore. People were incredulous. How could
they accurately predict anything with no information? The answer...they
couldn't!!!! So why did it take them two hours to say that Florida was too
close to call? Did anyone else check their watch and notice that west coast
polls were about to close? If those desperate people in West Palm Beach get
a revote (the most insane suggestion I have ever heard in my life), then every
other citizen who had a possibility to vote after the first media outlet
reported that Florida had gone to Gore and virtually given him the electoral
college should stand up and ask for a new election for themselves. Also, the
fact that a multimillionaire from NY who is one of Gore's supporters showing
up in Minneapolis to bribe the homeless should be investigated. She was giving
out cigarettes to them in exchange for absentee ballot votes for Gore. Oh,
yes, and what about that Democratic judge in St. Louis county who kept open
the polls in a predominantly Gore precinct? What about the 4000 count
difference in Wisconsin or the 6000 count difference in other states that went
to Gore? Let's just redo the entire election and show every other country in
the world that democracy cannot work and so they shouldn't even bother risking
their lives. This insanity is going to cause a constitutional crisis in this
country which is unprecedented.
At times in the past two days, I have questioned the process. Yet one thing
I am sure of is this: I voted for the right person on Tuesday. There is no
doubt in my mind that I voted for the only person in this election who really
has any integrity left. Bush will concede to Gore if the votes come out
against us. He will not jeopardize our system by challenging the voice of the
people. While I am still very confident that we will prevail, it only
reinforces my choice when I watch Bush. I really can't take four more years
of Clinton/Gore.
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aaron
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response 82 of 409:
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Nov 9 20:25 UTC 2000 |
How many times are you going to paste that same passage around Grex and
M-Net?
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mdw
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response 83 of 409:
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Nov 9 20:45 UTC 2000 |
I'm sure part of the confusion of the florida ballots was not just the
form of the printed material, but the mechanical lineup of the actual
ballot with the form. All evidence (such as the 19,000 ballots that
were "spoilt") indicates this was highly unreliable. If automobiles had
tires *that* unreliable, not only would there be a massive safety
recall, there would be armed lynching mobs out. In at least one case, a
person voting *knew* she was having trouble marking her ballot and was
*NOT* given the chance to get a fresh ballot, completely countrary to
all the rules.
Normally, I don't think anyone would get upset with all these
difficulties. The problem is that the vote in floriday is *so* close
that it is within the error of margin for counting. We might just as
well select presidents by roulette table as accept the current vote
count.
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jep
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response 84 of 409:
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Nov 9 21:02 UTC 2000 |
re #77: I'm glad the topic of Texas and Illinois from the 1960
election came up, because I think the information you posted was very
informative.
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mcnally
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response 85 of 409:
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Nov 9 21:49 UTC 2000 |
For a similarly informative article about the myth of the 1960 election,
see the "Recycled" column "Did Kennedy Really Steal the 1960 Election?"
in this week's Slate -- http://slate.msn.com/recycled/00-11-08/recycled.a
sp
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jep
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response 86 of 409:
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Nov 9 22:10 UTC 2000 |
Larry, what's your take on what's going on in Florida? The DNC is going
to support the lawsuits from the people in Palm Beach County who felt
defrauded by the confusing ballot. Do you agree with them? What kind
of outcomes can we expect if a court overthrows the election, or part of
it? Is that really likely to happen?
USA Today on-line right now is reporting the margin is 341 votes, with
63 of 67 counties reporting their votes.
The GOP is talking about challenging the votes in Iowa and Wisconsin,
because those elections were close, too.
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tpryan
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response 87 of 409:
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Nov 9 22:53 UTC 2000 |
I, too would like to know if there is any other state where a
re-count would have a chance of a change of outcome. Any other states
that automaticly do a recount on a % of votes basis?
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polygon
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response 88 of 409:
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Nov 10 03:10 UTC 2000 |
Re 86. I think it's obvious that the ballot misled people, but I'm
very dubious that any judge is going to order the election redone.
As a candidate, I get a copy of the ballot beforehand, and I have a
very short time window to object to it and demand changes, even if
they misspell my name.
But circumstances matter. I suppose if they put George Bush's vulgarity
in parentheses after my name, and never sent me a copy of the ballot, and
sent it to the absentee voters that way before I knew about it .... well,
a judge might get concerned about that.
There are more than three thousand counties in the United States.
Probably most of them are required by law to send copies of the proposed
ballot to the presidential nominees. Imagine what Ralph Nader's or John
Hagelin's or Gore's mailbox looks like with that flood of (often certified
or registered) mail coming in. It's hard to fault Gore for not opening
and inspecting every single one, and it's especially difficult if the
problem wasn't obvious from the paper copy, but rather the awful parallax
you get from the cheezy voting device.
So, yeah, this is very, very awkward all around.
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polygon
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response 89 of 409:
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Nov 10 03:13 UTC 2000 |
Also, I would certainly hope that other states would show A LOT LESS
change in a recount than Florida has. As I said elsewhere in Agora,
I am appalled at how sloppy Florida's election practices appear to be.
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aaron
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response 90 of 409:
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Nov 10 03:50 UTC 2000 |
I am very surprised by how one-sided the errors tend to be.
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gull
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response 91 of 409:
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Nov 10 04:33 UTC 2000 |
Yeah. It's really something. Is it this sloppy everywhere?
Michael Moore, on the Daily Show, has suggested that perhaps the UN should
send in election monitors. ;)
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other
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response 92 of 409:
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Nov 10 04:49 UTC 2000 |
re resp:81
>...Last time I checked, it was a privilege to vote.
The RIGHT to vote is a basic tenet of the American social contract. It
is not a privilege granted to individuals at the whim of other
individuals or of the government. Subtle but important distinction.
What's really amusing is that you follow it up with comments on
RESPONSIBILITY, the other side of the coin of freedom. Privileges don't
come with responsibilities, rights do.
Do you hoestly think people go out of their way to go to the polls on
election day so they can sloppily and casually mark up their ballots as
if they were pop quizzes by which they were taken surprise?
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aaron
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response 93 of 409:
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Nov 10 04:58 UTC 2000 |
I should add one thing - apparently the recounts reflect any absentee
ballots that had not previously been processed. If Florida required that
ballots be received on election day, rather than requiring that they be
simply postmarked on election day, the variance in some counties might be
comparable to what one would see in Michigan.
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krj
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response 94 of 409:
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Nov 10 06:17 UTC 2000 |
Synthesizing the efforts of a number of TV and print pundits, I start to
suspect that we could be headed for an outcome where neither Gore nor Bush
achieves 270 electoral votes. If court injunctions prevent Florida
from certifying its election result before the Electoral College
deadline of December 18, then I would assume that Florida does not
cast electoral votes. Alternatively, there is a process
for Congress to dispute Florida's electoral votes, and it's an easy
one to trigger -- CNN's Jeff Greenfield says it would just take
one Senator and one Representative to start it.
Election by the House, one vote per state... wheeee!
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senna
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response 95 of 409:
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Nov 10 06:20 UTC 2000 |
You can ask for a new ballot. If people were being denied new ballots upon
request, then that is definitely cause for a revote. However, simply claiming
errors? If they allow a revote in that county for that reason, I'd like the
rest of the country to get one too...
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gelinas
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response 96 of 409:
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Nov 10 06:23 UTC 2000 |
Yeah; I'd been arguing that the new Congress would decide, based on the
20th Amendment, but then I read the 12th more closely, which calls for
the House to decide "immediately"; the 20th only kicks in if a President
hasn't been selected by January 3, when the new Congress convenes for
the the first time.
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mdw
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response 97 of 409:
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Nov 10 06:34 UTC 2000 |
I finally got around to seeing one of the actual gif's of what the
voters in Florida saw. In fact, it looks *very* like what I saw in
Ypsi, so it must be the same machine. If so, I would guess there were
probably 3 technical problems.
The first is alignment. As I said before, even on the machine I saw in
Ypsilanti, the paper and the arrows were misaligned with the holes--in
my case, by about 1/4 hole. It was still possible for me to consciously
allow for this, but if the alignment had been worse, and the form had
been printed in a confusing fashion with a right vs. left shift, and I
wasn't voting for the candidate in hole #1, and this was the first vote
I was making so I hadn't had any "practice" with that machine, I can
well guess I might pick the wrong hole. If I really wasn't sure, I
might even try again with the stylus in the right hole, just to be sure
the hole was punched through. Also - the page is actually *raised*
relatively to the hole, by a significant amount. So there's a parallax
problem, and someone who was very short, or tall and hunched, would see
very different alignments, which would also change as the book was
leafed through and the different sides shifted in alignment. As I think
has been mentioned many times, the book in florida was laid out weirdly.
Normally, all the options are on one side of the paper, sometimes with
extra space if the text describing the options is big (as for a
proposal). That means even if there is an alignment problem, there is a
consistent and simple pattern to how the holes line up. In this case,
there would have been a more complex non-regular pattern going on.
The 2nd is the stylus itself. In Ypsilanti, I was actually faced with
two pointed objects. There was a pencil stub secured by an unbroken
ball chain to the booth. There was also a stylus, attached to a
*broken* ball chain, just sitting loose. I almost tried voting with the
pencil first although I quickly realized that the relatively fat pencil
point was *not* going to go through the hole & punch out a vote very
effectively. I can *easily* imagine that stylus getting lost (it was
more than half-way there already!) and the next voter would have been
confronted with one bad choice. In the web image I saw of the form in
the machine, it appeared to me there were pen or pencil marks in the
stylus holes, suggesting a number of people either made the wrong choice
of pointed stick, or in fact had no right choice.
The final problem is a design problem: once you've voted all your
choices, you *can* take out your ballot, read the punched out holes, and
compare it to the numbered choices in the voting forms. You *can* also
check to see that all the bits of chaff got punched cleanly out of the
holes. Neither of these is especially *OBVIOUS* however, and it mainly
occured to me because I've seen enough punched card equipment to know a
card when I see one. I bet lots of people think the voting machine
itself actually records the vote, and the punched card is just for
verification purposes. I certainly didn't bother to check *my* votes to
see if the numbered circles corresponded with the book, although I was
smart enough to hold the card up to the light and check (very cursorily
I might add) that there weren't any loose bits of chaff that hadn't come
out of the holes right.
I think it all fits to a pattern: the printed material worked *against*
the machine's design, in a way that was probably not obvious to *anyone*
until it was far too late to do anything about it. Probably some of the
printed forms were misaligned and made it all worse. I bet some or all
of those machines did not have the pointed metal stylus they were
supposed to have, and people were stuck using pens or pencils. People
with completed cards did not stop to check the card to be sure all the
chaff was gone, and exactly only the choices they intended to punch out
were punched out. The election officials were probably rushed, didn't
have the intelligence to realize the problem, and were evidently stupid
and pig-headed enough to bully the few who were brave enough to confess
they had a problem (such as the woman I mentioned whose "spoilt" ballot
was run through the counting machine in front of her very eyes). The
double punched ballots would fit with people not being sure they voted
(and not realizing how the machine worked) and trying to be *sure* they
voted for the right candidate. And *all* of this would be *far* less of
a problem for Bush than Gore, because Bush had that top hole (*Much*
less ambiguous), and people voting for Gore would have been doing so as
their *first* vote, before they became familiar with the ballot
machine's evils.
It may be as Larry says, that the Law won't care about such a mechanical
pattern of stupidity, or perhaps they would only care if it could be
proven to be an act of malice and not mere stupidity (and I do believe
it's at least 95% stupidity.) If so, I can kind of understand it, but I
would still be pretty disappointed in the Law for doing so. Frankly,
though, if I were Bush, I'd be insisting on that voting being done over,
and done right, because I would not want to be known as a cheat with so
little honor and integrity, it took a mechanical stupidity to get me
elected. Then again, perhaps that's just not the FratBoy mentality.
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scg
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response 98 of 409:
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Nov 10 08:22 UTC 2000 |
Jimmy Carter's book, Turning Point, is a very interesting read about obviously
intentional election fraud in his first campaign (for Georgia State Senate),
and how it was dealt with in that case.
I've been doing a bunch of thinking about this election, and the conclusion
I keep coming to is that the process is far more important than the outcome.
That's not to say I think the outcome is unimportant -- I'm a pretty strong
Gore supporter and really don't want Baby Bush to be President -- but I think
the process is even more important. Looking at other countries, both in
history and in the present, shows that a lot of democracies don't last all
that long, and a lot of elections are shams to try to make the government look
legitimate. I've been thinking about what sets the US apart from those
countries, and the most I can come up with is that in the US, everybody knows
when and how the process works, and if somebody were to claim to be President
without having been elected according to the process, society, including those
who control the government's use of force, would be unlikely to listen to
them. According to the theory I've been tossing around, this works both
because the process is frequent -- by the time somebody hits voting age,
they've seen at least four Presidential elections and two Presidential
transitions -- and because the process is consistent and agreed upon.
Countries that keep the same leader for much longer periods of time, several
decades in some cases, and then make up a new selection process each time it
finally becomes necessary, seem far more likely to have their transitions of
power end up in civil war.
So, what is this great American process that we all know and honor the
results of? Most of us can explain the easy part -- the people of each state
vote on who gets their electoral votes, and whoever gets the most electoral
votes wins. The rules for what happens next are less well known, but I think
most of us would at least recognize the Constitution as the authority on what
happens if there's an electoral tie. Even given that, nothing in the
Constitution explicitly answers the current Florida question, so it becomes
more tricky. The only definitive answer I can give to that, especially as
a non-lawyer, is that it's probably best decided in the courts.
Again, the most important thing for the courts is to avoid a situation where
they're making up the rules as they go along. Any hint of that would give
the appearance that they're chosing one candidate over the other, and would
seem to establish leeway for elections that get the "wrong" result to be
overturned for political gain. I'm assuming that any lower court ruling on
this would and should be appealed very quickly to the US Supreme Court, as
the one court in the country that can give a definitive and final answer to
what the process should be this time, and which will also set a precedent so
that the process for next time something like this happens, the system will
stay consistent. I would further suggest that, as they generally do, the
court give a very high ranking to other precidents for how this sort of
situation has been handled in the past, rather than making up something new.
This may be a sort of problem that's never been pursued very hard in a
Presidential race, but it's hardly the first election in the US that's gone
to court over disputes on the process. There's been a history in some parts
of the US of elections that have been affected by outright fraud, and I'm sure
there must have been other elections, on a local level at least, that have
been screwed up by mistake. The best thing the courts could do to safeguard
the future of the country for longer than the next few years, is to do a
thorough review of those precidents, and to come up with a consistent and
unbiased procedure for Florida to use in accounting for this situation.
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mdw
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response 99 of 409:
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Nov 10 09:12 UTC 2000 |
I agree, the process is important, and the courts probably are the right
place in this case. There are two other bodies that clearly have an
ability to muck around with the voting process (not just an ability, a
*duty*) - and they are the state legislature, and whatever executive
organ they create or delegate to the task. The legislature works before
to set the rules, the executive body works during to implement the
rules, and the courts work afterwards to fix problems with the rules.
The courts have almost certainly got *some* sort of common law basis for
deciding when and how to intervene in elections, and I suspect they have
methods to deal with malicious tampering with the election process (in
which case I assume they can do fairly drastic things), and cases where
random bad luck destroys part of the election process (in which case I
gather they like to ignore the damage, on the theory that it hurts both
candidates equally). It will be interesting to see how they act in a
case where random bad luck hurts one candidate more than the other,
*AND* the difference in error is a material factor in determining who
wins.
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