Block the Vote

Proponents of HAVA claimed the law would correct the spoilage problem by promoting computerized balloting. Yet touch-screen systems have proved highly unreliable — especially in minority and low-income precincts. A statistical analysis of New Mexico ballots by a voting-rights group called VotersUnite found that Hispanics who voted by computer in 2004 were nearly five times more likely to have their votes unrecorded than those who used paper ballots. In a close election, such small discrepancies can make a big difference: In 2004, the number of spoiled ballots in New Mexico — 19,000 — was three times George Bush's margin of victory.

In 2004, an estimated 3 million voters who showed up at the polls were refused regular ballots because their registration was challenged on a technicality. Instead, these voters were handed "provisional" ballots, a fail-safe measure mandated by HAVA to enable officials to review disputed votes. But for many officials, resolving disputes means tossing ballots in the trash. In 2004, a third of all provisional ballots — as many as 1 million votes — were simply thrown away at the discretion of election officials.

Many voters are given provisional ballots under an insidious tactic known as "vote caging," which uses targeted mailings to disenfranchise black voters whose addresses have changed. In 2004, despite a federal consent order forbidding Republicans from engaging in the practice, the GOP sent out tens of thousands of letters to "confirm" the addresses of voters in minority precincts. If a letter was returned for any reason — because the voter was away at school or serving in the military — the GOP challenged the voter for giving a false address. One caging operation was exposed when an RNC official mistakenly sent the list to a parody site called GeorgeWBush.org — instead of to the official campaign site GeorgeWBush.com.

In the century following the Civil War, millions of black Americans in the Deep South lost their constitutional right to vote, thanks to literacy tests, poll taxes and other Jim Crow restrictions imposed by white officials. Add up all the modern-day barriers to voting erected since the 2004 election — the new registrations thrown out, the existing registrations scrubbed, the spoiled ballots, the provisional ballots that were never counted — and what you have is millions of voters, more than enough to swing the presidential election, quietly being detached from the electorate by subterfuge.

"Jim Crow was laid to rest, but his cousins were not," says Donna Brazile. "We got rid of poll taxes and literacy tests but now have a second generation of schemes to deny our citizens their franchise." Come November, the most crucial demographic may prove to be Americans who have been denied the right to vote. If Democrats are to win the 2008 election, they must not simply beat John McCain at the polls — they must beat him by a margin that exceeds the level of GOP vote tampering.

Contributing editor Robert F. Kennedy Jr. is one of the nation's leading voting-rights advocates. His article "Was the 2004 Election Stolen?" [RS 1002] sparked widespread scrutiny of vote tampering. Greg Palast, who broke the story on Florida's illegal voter purges in the 2000 election, is the author of "The Best Democracy Money Can Buy." For more information, visit No Voter Left Behind and Steal Back Your Vote.

Related Stories:

• More From Issue 1064
• Video: Kennedy Jr. and Palast Go Behind the Story
• Was the 2004 Election Stolen? By Robert F. Kennedy Jr.
• Make-Believe Maverick: The Real John McCain

[From Issue 1064 — October 30, 2008]