On Friday, December 23, 2011, the U.S. Justice Department called South Carolina's new voter ID law discriminatory. The finding was based in part on the fact that minorities were almost 20% more likely than whites to be without state-issued photo IDs required for voting. Unlike Ohio, South Carolina remains under the 1965 Voting Rights Act and requires federal pre-approval to any changes in voting laws that may harm minority voters.
The Republican governor of South Carolina Nikki Haley denounced the Justice Department decision as "outrageous" and vowed to do everything in her power to overturn the decision and uphold the integrity of state's rights under the 10th Amendment.
The US Supreme Court has upheld the requirement of photo ID for voting. Undoubtedly the attempt by US Attorney General Eric Holder to challenge this will go to the most thoroughly corporate-dominated Court in recent memory. The depth of the commitment of the Obama Administration to the issue also remains in doubt.
3. The EAC finally finds that voting machines are programmed to be partisanAnother federal agency revealed another type of problem in Ohio. On December 22, 2011, the U.S. Election Assistance Commission (EAC) issued a formal investigative report on Election Systems & Software (ED&D) DS200 Precinct County optical scanners. The EAC found "three substantial anomalies":
Intermittent screen freezes, system lock-ups and shutdowns that prevent the voting system from operating in the manner in which it was designed
Failure to log all normal and abnormal voting system events
Skewing of the ballot resulting in a negative effect on system accuracy
The EAC ruled that the ballot scanners made by ES&S electronic voting machine firm failed 10% of the time to read the votes correctly. Ohio is one of 13 states that requires EAC certification before voting machines can be used in elections. The Cleveland Plain Dealer reported in 2010 that the voting machines in heavily Democratic Cuyahoga County had failed during testing for the 2010 gubernatorial election. Cleveland uses the same Republican-connected ES&S ballot scanners -- the DS200 opti-scan system. Ohio's Mahoning County, home of the Democratic enclave of Youngstown, also uses the DS200s. The same opti-scan system is also used in the key battleground states of Florida, Illionois, Indiana, New York, and Wisconsin.
Voting rights activists fear a repeat of the well-documented vote switching that occurred in Mahoning County in the 2004 presidential election when county election officials admitted that 31 of their machines switched Kerry votes to Bush.
But a flood of articles about these realities---including coverage in the New York Times---seems to indicate the theft of our elections has finally taken a leap into the mainstream of the American mind. Whether that leads to concrete reforms before another presidential election is stolen remains to be seen. But after more than a decade of ignorance and contempt, it's about time something gets done to restore a semblance of democracy to the nation that claims to be the world's oldest.
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Bob Fitrakis & Harvey Wasserman have co-authored four books on election protection, including How the GOP stole America's 2004 election , at Free Press, where Bob's Fitrakis Files are also available. Harvey Wasserman's History of the United States is at Harvey Wasserman.
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