Recent Candidate-Led Election Challenges
Rep. Dennis Kucinich and Albert Howard
2008 New Hampshire Presidential Primary Recount
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| Dennis Kucinich |
Albert Howard |
After the 2008 New Hampshire primary, questions were raised about reported discrepancies between
those counties and precincts that counted the paper ballots by hand and those that counted the
paper ballots using Diebold Opti-Scan machines. Two presidential candidates, Democrat Kucinich
and little-known Republican Albert Howard, each requested a recount. While the recounts showed
minimal discrepancies between the hand-counted and machine-counted ballots, the accompanying
investigation by election integrity advocates revealed startling evidence of faulty chain of
custody of ballots and other election materials, destruction of evidence legally required to be
preserved, and other unacceptable election conditions. The true vote count cannot be determined
conclusively.
Further reading:
Dennis
Kucinich Asks for Recount in New Hampshire Primary due to Unusual Anomalies in the Results
Chauffer
challenges N.H. primary
'Send Lawyers, Peace, and Money': New Hampshire
Election Contests Get Technical, Testy Before They Even Begin
Summary of coverage at The BRAD BLOG
Christine Jennings
2006 Florida (13th District) Congressional Challenge and Lawsuit
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| Christine Jennings |
In Ms. Jennings' race against Vern Buchanan, well over 18,000 of the electronic ballots cast on
Sarasota County's ES&S iVotronic touch-screens recorded no vote for a congressional candidate.
Mr. Buchanan was declared the winner by less than 400 votes. Ms. Jennings filed a formal challenge
to the election results in House of Representatives and a lawsuit in Leon County circuit court
asking for a re-vote. The House dismissed her challenge when the Government Accountability Office
was unable to exclude the possibility that the voting machines were at fault. Jennings withdrew her
lawsuit to focus on her 2008 campaign for the same Congressional seat. It should be noted that the
GAO did not examine the source code in the Sarasota County machines. The State of Florida did perform
cursory testing of the source code, but David Dill, Professor of Computer Science and Electrical
Engineering at Stanford University, found the state's tests to be lacking. Ms. Jennings's challenge
raised awareness of some of the problems with touch-screen voting systems throughout the nation.
Further reading:
FL Dem Contests
Election Results
GAO Report: Further
Testing Could Provide Increased but Not Absolute Assurance That Voting Systems Did Not Cause Undervotes
in Florida's 13th Congressional District (.pdf)
Stones Unturned: Gaps
in the Investigation of Sarasota's Disputed Congressional Election
Clint Curtis,
2006 Florida (26th District) Congressional Challenge
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| Clint Curtis |
As the 2006 election approached, a Zogby poll showed challenger Clint Curtis and the incumbent,
Tom Feeney, in a statistical dead heat. However, the election results from the paperless Diebold
touch-screen machines showed Mr. Feeney to have won the election 57% to 43%. Mr. Curtis' campaign
wanted to examine the Diebold machines and their source code, but this was not allowed. Mr. Curtis
and a group of volunteers then conducted a post-election door-to-door, precinct-by-precinct canvas
in Florida's 24th district. They collected hundreds of sworn affidavits from voters showing a 12 to
24 point difference from the final election results in Mr. Curtis's favor. Based on these affidavits,
Mr. Curtis filed a formal challenge to the election results in the House of Representatives. The House
dismissed the challenge without reviewing the evidence or taking testimony.
Read additional fascinating history
about Mr. Curtis and Mr. Feeney in regards to the integrity of elections. Mr. Curtis is challenging Rep.
Feeney again in 2008 and has taken the Standing For Voters SuperPledge.
Sharron Angle
2006 Nevada (2nd District) Republican Congressional Primary Recount and Lawsuit
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| Sharron Angle |
Sharron Angle, an assemblywoman from Washoe County, Nevada lost in her bid to represent the
Republican party in the November general election for Nevada's Second District U.S. House seat
by 421 votes. Her opponent was Dean Heller, Nevada's chief election official. After reviewing
allegations of poll workers not showing up to open the polling places in Washoe County, Ms. Angle
prepared to file a recount request. However, costs of the recount -- including $175,000 to be
charged by Sequoia Voting Systems, which manufactured and programmed the voting machines used in
the election -- along with the realization that a recount would not re-enfranchise the voters who
had been unable to vote led Angle to a different strategy. She dropped the recount and challenged
the election results in court. A number of voters testified to having been unable to vote or to
having problems with the Sequoia machines, but the case was dismissed when the judge ruled that
the problems were not severe enough to change the outcome of the election and that the court lacked
jurisdiction in this particular instance.
http://www.nevadaappeal.com/article/.../108260074
http://www.reviewjournal.com/.../9418204.html
David Cobb/Michael Badnarik
2004 Ohio Presidential Recount
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| David Cobb |
Michael Badnarik |
In the 2004 election, there were countless irregularities in the state of Ohio. David Cobb,
Green Party presidential candidate, and Michael Badnarik, Libertarian Party presidential
candidate, requested a full recount in Ohio. Neither candidate was claiming a recount might
indicate they'd been elected (Cobb of the Green Party was not on the ballot in Ohio but had
standing to request a recount because he had received votes in the election). An Ohio judge
had declared that the recount need not be expedited unless there was a possibility of the
recount overturning the election results. Following this ruling, the Kerry campaign, which
conceded the race on November 3, 2004, before all the votes had been counted, joined the
recount request. (Regarding Kerry's concession, his campaign claimed that even if the uncounted
provisional and absentee ballots, roughly 86,000, were to be counted, it would not be enough
to overturn the announced results of the presidential race. However, many saw this as a betrayal
of those voters and a key principle of American elections: every vote must be counted.)
There were many discrepancies in the recount itself, including the discovery of white oval
stickers placed over the Kerry/Edwards ovals on ballots, and ovals for Bush filled in.
Eventually two Cuyahoga County election officials were convicted of felonies for rigging
the recount. To this day, legitimate questions remain about how the election was conducted,
how the recount was conducted, and what the true results of the election actually were in
this state whose electoral votes proved the deciding factor in the presidential election.
Further reading:
Articles:
Ohio recount volunteers allege electoral tampering, legal violations and possible fraud
Election
Staff Convicted in Recount Rig
Books:
Witness to a Crime: A Citizens' Audit of
an American Election
What
Happened in Ohio?
Christine Gregoire vs. Dino Rossi
Washington State Gubernatorial Election Recounts and Lawsuit
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| Christine Gregoire |
Dino Rossi |
Washington State's 2004 gubernatorial election between Democrat Christine Gregoire and
Republican Dino Rossi was a veritable photo-finish, eventually leading to challenges by
both the Republican and Democratic candidates. After the first count was concluded, Rossi
was ahead by just 261 votes. Under Washington law, results that close trigger a machine
recount. After this recount, which Mr. Rossi was still ahead, but this time only by 42
votes. Because these results were even closer than the first count, the Democratic Party paid
approximately $800,000 for a statewide manual recount of all 2.8 million ballots. The results
of this second recount left Ms. Gregoire ahead by 129 votes. Rossi's campaign challenged the
results in court, claiming that Ms. Gregoire's victory was due to illegal votes. The judge
ruled that there was insufficient evidence of illegal voting having changed the outcome,
and Ms. Gregoire was declared the winner.
Further reading:
Gregoire,
Rossi in a cliffhanger for governor
Rossi Wins Recount; Lead
Drops To 42 Votes
Judge upholds Gregoire's
election; Rossi won't appeal
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