Destruction of Evidence - Ohio's 2004 Presidential Ballots

While the two Democratic officials were quick to absolve those who destroyed evidence, both have refused to meet with voting rights activists to receive and discuss extensive data and analysis that supports election fraud in the 2004 presidential election.

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How Do We Interpret the Destruction of Ballot Evidence?

There are a number of ways to look at the vanished ballots. Let’s consider two broad approaches.

This could just be a series of coincidences Explanations for the missing ballots include: (a) inadvertent shredding or other forms of unintended ballot destruction; (b) aggressive maintenance personnel removing what was taken to be trash; (c) retired officials blamed by their replacements; (d) ignorance of the law; and (e) this is just the way we do things. The benign interpretation of the destruction or loss of evidence would accept each and every explanation is accurate. Furthermore, the benign interpretation would also include an assignment of coincidence to 56 of 88 counties performing these acts, many in areas where charges of election irregularities were raised. The explanation might go something like this:

We’ve got a loose patchwork of election boards who’ve become accustomed to doing things their own way. The summary sheets are sufficient since there was no ill intent. It’s not really destruction of evidence. It’s just what happened. Nothing to worry about here. Lets move on to a new election cycle in 2008.

A less benign interpretation is expressed in the following analogy:

Your neighbor is charged with assaulting you and stealing all your money. The neighbor vigorously denies this. The police know that the neighbor has a security video camera and taping system that covers his front yard, the scene of the assault. The police tell the neighbor to preserve the tape and bring it down town to police headquarters. The neighbor sends the police a fax saying, “I no longer have the tape. I spilled coffee on it and then my cleaning crew threw it out. As proof of my innocence here is the tape summary I compiled which says: Summary of video - No unusual events noted. “

Now imagine how you would react when the police chief appeared on television and announced, “I’m sure that the destruction of evidence was unintended. If I thought there was a crime, I’d conduct an investigation. There’s no reason to think a crime took place. Besides, I’m more interested in car theft anyway.”

The explanations shouldn’t matter at all. The federal statutes are clear. Ballots are to be preserved for 22 months following elections. Those counties that destroyed them prior to that deadline violated both federal and state statutes and should be considered for prosecution under federal and state law. Ignorance of the law, particularly for public officials, is no excuse.

The court order for ballot preservation was delivered by the plaintiff’s attorney, by the Secretary of State, and was the subject of media coverage. The counties who still had ballots after the federal deadline had adequate notice to retain them from plaintiff’s attorney. County personnel should be held accountable to federal and state laws on ballot preservation and destruction of evidence.

All counties had a responsibility to know and obey federal law and the court order. All counties had a responsibility to store safely and with care all of the 2004 ballots and any other ballots they had in their possession. All counties had a responsibility to have a chain of custody procedure in place to assure that the ballots stored could be accounted for as the original set from the election. This is standard operating procedure for any organization. Why wasn’t this done?

Will there be justice and accountability? Will the possible theft of a presidential election cause the newly elected Secretary of State and Attorney General to reconsider their quick dismissal of destruction of election evidence? Will the federal courts take note and provide a consequence for those who inadvertently or intentionally destroyed evidence?

America has been robbed of its history here. The public has a right to know the true outcome of the 2004 election, and to have its laws about preservation of critical records honored.

Bob Fitrakis and Harvey Wasserman, Free Press August 2, 2007

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