2004 Ballot Recount: Observer Report

• December 19, 2004:
  Report by Democratic Observer
• December 16, 2004:
  Report by Green Party Observer
• December 15, 2004: Letter from Carole Daley, Green Party Recount Coordiator, to Keith Cunningham, requesting cooperation

December 19, 2004:
Report by Democratic Observer

The recount began on time. Board members, board staff, and poll workers hired for the day were already in place. It was explained to us that four precincts, totaling slightly more than the required three percent, had been pre-selected for the recount.

There were objections raised by the Green Party and Democratic Party witnesses. Mr. Keith Cunningham, Director of the Allen County Board of Elections, explained that it would take considerably longer to carry out the recount if there were a random selection process employed.

This seemed to be related to the use of only two counting machines set up for the recount and perhaps other factors which I did not fully understand.

Mr. Cunningham spent a significant amount of time explaining the process utilized in Allen County. The recount itself proceeded according to my understanding of the prescribed procedures. The hand and machine counts matched. The significant major discrepancy that I noted was the rejection of a ballot that was marked in ink.

According to my understanding of the law, even though this ballot cannot be counted by the machine, it should be hand counted. Mr. Cunningham disagreed and the ballot was not counted.

Additionally, we requested, and were not permitted, access to the voter registration books [pollbooks]. We were told that we could make an appointment to see them.

We also expected to have access to the absentee and provisional ballots, but we were told that would not be available until January 10.

December 16, 2004:
Report by Green Party Observer

Three percent recount for Allen County was pre-selected (not random). Prior to beginning the recount, the Director of BoE said he had pre-selected the 3% in an effort to be more expedient. The four precincts he selected only required 2 tabulators and he went on to say if we randomly selected precincts, it would take longer.

It would appear to me as a witness that we did not review a random sampling, therefore we do not have accurate picture of what Allen County's random sampling would reflect.

Absentee Ballots: were not reviewed. Two days before recount, the Allen County Coordinator was told in no uncertain terms that, Poll Books, Absentee and Provisional Ballots would not be available to us during the recount. Instead the coordinator must make an appointment with the BoE, working around the BoE's holiday schedule, to view Books and Absentee ballots.

We were told, as far as the Provisional ballots, only the voter of those ballots can request information on whether their votes were counted.

Ohio Revised Code irregularity: Prior to getting the final tabulated numbers, questions were raised regarding a specific ballot completed in ballpoint pen. Cunningham explained in great detail, including a demonstration putting the ballot in the tabulator, the machine would not count the vote. The director and deputy director went on to explain that since the voter left then the BoE must determine that the voter's intention had been to "not cast a vote".

A witness stated she had seen voters in another county leave ballots on top of machines for the poll workers to feed in later. That witness then said the BoE has no way of assuming the intent of the voter since they don't know if the voter was aware the ballot was not being accepted. A witness brought up Ohio Revised Code, which allows for ballpoint pen to be used and the vote to be counted. This went unacknowledged and Cunningham held up the ballot pointing and saying "it clearly says what you must use to mark your ballot."

It would appear this is a compliance problem with Ohio Revised code because the machine doesn't read ink, the ballot directions are out of date, and no effort is made to manually count the vote.

Following the recount, the Dir. invited the witnesses to a roundtable Q&A session.

Provisional ballot irregularity: during the Q & A, Keith Cunningham stated that he was aware that "not many" but a few voters had been misdirected by BoE to go to a certain precinct to vote. This was done in writing, however he was unclear as to whether is was the registration card or in some other written form. In any case this left a paper trail that he said the BoE used to validate (count) their provisional votes. In Ohio, if a voter's name is not on the list at the polling site they are required to cast a provisional ballot.

There were five recount witnesses, the Allen County deputy director, and four other board members present when he mentioned this irregularity.

December 15, 2004:
Letter from Carole Daley,
Green Party Recount Coordiator

Note: The Allen County recount starts December 16th at 9:00 am. This is a letter written by Carole Daley, Allen County Coordinator for the Green Party Recount Effort to Mr. Keith Cunningham.

Mr. Cunningham has been very vocal in the local press in opposition to the recount. Based on the information and experiences of other County Coordinators, and her own interaction with him, Ms. Daley decided to send the letter below.

Allen County, Ohio
December 15, 2004

Dear Mr. Cunningham,

As you know, I will be bringing a team of four witnesses on Thursday December 16th at 9:00 AM to carry out the procedure set forth by the recount laws of the State of Ohio for the Green Party recount effort.

Regarding the Poll Books, there has been some confusion. You stated Tuesday that I would not be allowed to see the Poll Books and instead you would provide some sort of computer generated list.

Ida Kay Keller, your Deputy Director, informed me Wednesday evening that I would be able to see the Poll Books by appointment only and that they would not be available the day of the recount.

To avoid any further confusion, please have the Poll Books available between 9:00 to 5:00 at the recount procedure so that we can cover everything in one day.

In addition, it will be necessary for me to review the absentee and provisional ballots (including any and all rejected ballots). It would also be helpful if you made available an Allen County Precinct map to easily settle any possible precinct issue disputes.

Another issue related to this information regards my role as county coordinator. I can foresee problems arising with your plan to include me as one of the four witnesses. The position of county coordinator, across the State of Ohio, is to observe and be available to any witness should there be a dispute. This avoids leaving us all short handed as the recount procedure would not have to be halted at two tables until such dispute is resolved. Additionally, I can review the Poll Books while all ballots are being reconciled.

I reiterate the above; so that you and I are on the same page with the comprehension of the recount procedure. That way we may all proceed more efficiently tomorrow.

Sincerely,

Allen County Coordinator for Green Party Recount Effort