II. election day
A. COUNTY-SPECIFIC ISSUES
1. Warren County—Counting in Secret Because of a Terrorist Threat?
FACTS
On election night, Warren County, a traditional Republican stronghold, locked down its administration building and barred reporters from observing the counting. When that decision was questioned, County officials claimed they were responding to a terrorist threat that ranked a “10” on a scale of 1 to 10, and that this information was received from an FBI agent. Despite repeated requests, County officials have declined to name that agent, and the FBI has stated that it had no information about a terror threat in Warren County.
Warren County officials have given conflicting accounts
of when the decision was made to lock down the building. The County Commissioner has stated that the decision to lock down the building was made during an October 28 closed-door meeting, but e-mailed memos—dated October 25 and 26—indicate that preparations for the lockdown were already underway. Statements also describe how ballots were left unguarded and unprotected in a warehouse on Election Day, and were hastily moved after county officials received complaints.
It is important to view the lockdown in the context of the aberrant results in Warren County. An analyst who has received all the vote data for 2000 and 2004 by precinct in several Ohio counties, did a detailed analysis of the increase in votes for President Bush by precinct, and the Bush-Kerry margin in Warren County. The analyst revealed that Warren County first did a lockdown to count the votes, then apparently did another lockdown to recount the votes later, resulting in an even greater Bush margin and very unusual new patterns.
Moreover, in the 2000 presidential election, the Democratic presidential candidate, Al Gore, stopped running television commercials and pulled resources out of Ohio weeks before the election. He won 28% of the vote in Warren County. In 2004, the Democratic presidential candidate, John Kerry, fiercely contested Ohio, and independent groups also put considerable resources into getting out the Democratic vote. Moreover, unlike in 2000, independent candidate Ralph Nader was not on the Ohio ballot in 2004. Yet the tallies show John Kerry receiving exactly the same percentage, 28%, in Warren County as Gore received in 2000.
In support of his assertion that there was no wrongdoing in Warren County, Secretary Blackwell has mentioned Jeff Ruppert, a Democratic election observer in Warren County, who has said he observed nothing inappropriate at the County administration building. While we have no reason to doubt Mr. Ruppert’s account of what he actually observed, a complete review of his statements shows there were a number of problems at the Warren County Administration Building. At the outset, Mr. Ruppert acknowledges that he was subject to the lockout and had to present identification even to be admitted to the building. Once he gained admission, Mr. Ruppert said he did “have concerns over how provisional ballots were handled at polling places—which he said seemed to be inconsistent.” He also pointed to a number of areas he observed that were centers of activity: ballots being transferred from vehicles, precinct captains with ballots in elevators, and ballots being stored. But, clearly, it would have been impossible for Mr. Ruppert to observe all of these activities at the same time. Finally, considering that he left before the ballot count was completed, it is inaccurate to state with certainty that there were no problems in Warren County.
Secretary of State Blackwell has refused to answer any of the questions concerning these matters posed to him by Ranking Member Conyers and eleven other Members of the Judiciary Committee on December 2, 2004.