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January 12, 2008 at 06:18:34

NH Chaos Represents Opportunity; Nancy Tobi Pleads For No "Recount"

by Dave Berman     Page 2 of 2 page(s)

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"It's pretty easy to see what happened in New Hampshire: We had an election in which 81% of our ballots were counted in secret by a private corporation, and this resulted in an outcome that is called into question.



That's what happened.

No recount is going to change this. What will change this is to get rid of corporate controlled secret vote counting in our elections."I don't mean to contradict Nancy here, but rather to address a matter of framing. I've said many times that we are not having elections but rather events that closely resemble elections. Similarly, this isn't as much about whether or not to have a "re-count" as it is about "counting all the ballots."

I appreciate Nancy's point that a re-count can be self-affirming as a stamp of approval. But the really important thing to realize is that this is the very thing we should seek to take on, and in as many ways as possible. This idea that some modicum of public acceptance will settle in and endure to future elections is the very thing that we are now poised to prevent, the biggest framing opportunity this side of Busby/Bilbray.

The idea is inherent uncertainty. From before the polls even opened, we knew with certainty the outcome would be uncertain, indeterminate, unknowable, necessarily inconclusive. It is time for everyone to see this as an intentional component of the joint government/media effort to keep the public divided. There is no need for any further primary "elections" when we know now in advance of them all that they too will fail to produce unanimous acceptance of the reported results.

As I see it, it doesn't matter whether the "recount" plan goes forward or not. Either way it is just part of the same opportunity for us. Raise your hand if you've been reading Naomi Klein's "Shock Doctrine." The disorientation occurring right now, this instant, is precisely our window of opportunity to act with the ideas we have lying around. We The People are long overdue to withdraw our consent. Do not accept the results of this election. Take action to prevent local Registrars (or equivalents) from certifying results.

We can seize this moment and define the story being told. We should invoke again, if perhaps with a slight edit, the stance dozens of groups took in response to the CA-50 "election" in June 2006. From the California Election Protection Network's Voter's Resolution of No Confidence, written here at WDNC:
We, The People, DO NOT CONSENT to transferring power and authority to candidates claiming victory in this illegitimate election. We will do everything within our Constitutional and Human Rights to protect and preserve possession of this power that is inalienably Ours to be given but never taken away.
Public officials have been nakedly acting against the interest of the greater good for far too long and they are now cornered. Will we continue to let them take advantage of us, to assume they have our consent?

Ray Raphael is an historian here in Humboldt County and he's written many books. I read his "First American Revolution" and learned that by 1776, much of the Revolution had already taken place. Raphael describes a resistance tactic mirrored throughout the colonies where courts were shut down by citizens who forced judges to rule by locally written charters. The alternative for the judges who wanted to continue under King's Law was often public humiliation such as tar and feathering.

I'm not sure what the modern equivalent would be but it has to involve preventing legitimacy from being conferred upon faith-based results of secretly counted "elections." My advice to Nancy is to think more about now than the future.

"If we don't take action now, we settle for nothing later. We'll settle for nothing now, and we'll settle for nothing later." --Rage Against The Machine

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Dave Berman is the author of We Do Not Consent, both the book and blog. http://WeDoNotConsent.blogspot.com.

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In 2004, Rady Ananda joined the growing community of citizen journalists. Focused mainly on elections, her blogs also address religious, gender, sexual and racial equality, as well as environmental issues; and are sprinkled with book and film reviews on various topics. She spent most of her working life as a legal investigator for private lawyers, and five years as an editor. She currently serves as a senior editor at OpEdNews.

All material offered here is the property of Rady A...

to see more of bio, click on member name

Rady AnandaIn 2004, Rady Ananda joined the growing community of citizen journalists. Focused mainly on elections, her blogs also address religious, gender, sexual and racial equality, as well as environmental issues; and are sprinkled with book and film reviews on various topics. She spent most of her working life as a legal investigator for private lawyers, and five years as an editor. She currently serves as a senior editor at OpEdNews.

All material offered here is the property of Rady A...

to see more of bio, click on member name

Expose Inherent Uncertainty, Don't Ignore It

I wholeheartedly agree, Dave, that we should do what is necessary to object to secret vote counting and expose poor administrative practices that fail to maintain adequate security procedures, chain of custody, or that allow inaccurate hand counting.  Some ideas include: 

* support the recount

* videotape the ballots when counted

* forensically examine the machines

* perform a top-to-bottom audit that includes all consideration of chain of custody and security issues.

Dave writes,  

I appreciate Nancy's point that a re-count can be self-affirming as a stamp of approval. But the really important thing to realize is that:

This is the very thing we should seek to take on, and in as many ways as possible.  

This idea that some modicum of public acceptance will settle in and endure to future elections is the very thing that we are now poised to prevent.”  (emphasis added) 

Exactly.  The election results have been posted and no one, NO ONE, can assert with certainty the results are accurate. Salon.com’s Manjoo thinks he can, while simultaneously praising activists for being careful not to assert that fraud occurred. 

Hey, Manjoo, the same standard applies to you, as well.  You cannot assert that fraud DIDN’T happen, since self-erasing malware could have been inserted. That’s the terror behind inserting machines between a voter-prepared ballot and the count of that ballot. Inherent uncertainty prevails. 

While technocrats would have the American public believing we should implement all kinds of second-count audit and security protocols to ensure the first count was accurate, they all miss the point. Public elections can and should be transparently counted the first time.

Over the past couple centuries, the best minds understood that it is the FIRST COUNT that must be secured, as Andi Novick recently noted based on her research into election fraud history.  

Finally, Dave, I am thrilled to read about how early revolutionaries dealt with a bogus judicial system: 

Raphael describes a resistance tactic mirrored throughout the colonies where courts were shut down by citizens who forced judges to rule by locally written charters. The alternative for the judges who wanted to continue under King's Law was often public humiliation such as tar and feathering. 

Given how:

 

·         the US Supreme Court decided to shut down the 2000 Florida recount (a later ballot count by NORC revealed that thousands of ballots with clear intent for Gore were not counted in accord with Florida’s voter-suppressive election laws);

·         Ohio Secretary of State Blackwell certified the 2004 electors BEFORE the recount occurred; and

·         Congress swore in their chosen candidate from the Busby-Bilbray race BEFORE the election was even certified by local authorities, which the judge in that case upheld

·         A 15% undervote rate in the Jennings-Buchanan Congressional race in Florida didn’t convince the court to allow a source-code review, further institutionalizing secret vote counting.

 

we can have little confidence that the judicial system will rule on behalf of democracy.

Meanwhile, let's expose where the uncertainty exists in our election system.

p.s. I love the new VCC logo! 

by Rady Ananda (109 articles, 258 quicklinks, 24 diaries, 866 comments) on Sunday, January 13, 2008 at 3:09:59 PM
 

 

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