2004 United States election voting controversies

In the months leading up to the 2004 election, both parties made efforts to register new voters. In some cases, Republicans challenged or prepared to challenge the validity of many new registrations, citing instances of fictitious names such as Mary Poppins appearing on the voter rolls. Lawyers for the Kerry campaign accused the Republicans of using this as an excuse for vote suppression.[1]

There were also complaints about the rejection of registrations by government agencies. College students encountered difficulties in registering where they attended school.[2] Some officials rejected voter registration forms on grounds that were contested, such as a failure to use paper of a particular weight (in Ohio)[3][4] or a failure to check a box on the form (Florida).[5]

Aside from such official actions, there were disputes about other voter registration activities. In Nevada and Oregon, a company hired by the Republican National Committee solicited voter registration forms, but was accused of filing only the Republicans' forms and shredding those completed by Democrats.[6] Individuals tenuously linked to nonprofit organizations, ACORN and the NAACP, were accused of submitting false voter registration forms and of carelessly or deliberately failing to submit some valid ones that they had received.[7][8]

An analysis of Florida voter rolls in December 2004 alleged that over four registered voters had names that also appeared in a Social Security database of death claims, according to the Chicago Tribune.[9] In response, the Brennan Center for Justice found reason to believe that the undisclosed methodology of the source article may have been inaccurate, and further noted that there was no allegation of anyone voting in someone else's name.[10]

A New York Daily News article alleged 46,000 people were registered to vote in both New York City and Florida.[11] A Cleveland Plain Dealer article identified 27,000 people possibly registered in both Ohio and Florida, with 400 possibly voting in both states consistently in the previous four years.[12] The articles attempted to match voter rolls to each other,[10] which probably did not produce accurate results due to similarity of names.[13]

State efforts to purge voter rolls have led to disputes, notably in Florida. Before the 2000 election, Florida officials purged approximately 100,000 registered voters on the grounds that they were convicted felons (and therefore ineligible to vote under Florida law) or dead.[14] Many of those whose names were purged were "false positives" (not actually felons). (See Florida Central Voter File.) A post-election lawsuit brought by the NAACP, the People for the American Way Foundation, and other organizations resulted in a settlement in 2002 in which the state agreed to restore eligible voters to the rolls and take other steps to improve election procedures.[15][16]

The issue returned to prominence in 2004 when Florida announced another planned purge, again based on a list of felons. The state government initially attempted to keep the list secret. When a court ordered its release, it was found to contain mostly Democrats and a disproportionate number of people from racial minorities.[17] Faced with media documentation that the list included thousands of errors, the state abandoned the attempt to use it.[18] Some of the voters improperly purged in 2000 had not been restored as of May 2004.[19]

Representative Dennis Kucinich (Democrat from Ohio) commented on allegations of voter suppression in Ohio during the 2004 election:

Dirty tricks occurred across the state, including phony letters from Boards of Elections telling people that their registration through some Democratic activist groups were invalid and that Kerry voters were to report on Wednesday because of massive voter turnout. Phone calls to voters giving them erroneous polling information were also common.[20]

John Pappageorge, a Republican state legislator in Michigan, said in summer 2004, "If we do not suppress the Detroit vote, we're going to have a tough time in this election." Pappageorge later claimed he was taken out of context saying, "In the context that we were talking about, I said we've got to get the vote up in Oakland (County) and the vote down in Detroit. You get it down with a good message."[21][22]

Court injunctions were placed by the Franklin County Common Pleas Court against MoveOn for verbally threatening and harassing individuals who identified themselves as Republican.[23] On October 5, a Bush-Cheney campaign volunteer in Orlando had his arm broken when trying to stop union activists from storming the campaign office. The "storming" was part of a massive simultaneous campaign against 20 pro-Republican headquarters.[24][25][26]

In every election, some voters encounter practical impediments to voting, such as long lines at the polling place. In 2004, however, the issue received increased attention.[27][28] In many places, some voters had to wait several hours to vote. Ohio voters, in particular, were plagued by this issue. A study conducted by the Democratic National Committee in the summer of 2005 found that long lines forced three percent of the state's registered voters to abstain.[29][30]

Among the factors thought to be at work were: the general increase in voter turnout; a particular increase in first-time voters whose processing required more time; and confusion about the providing of provisional ballots, which many states had never used before.

Distribution of voting machines proved to be a problem in some districts. In Ohio, some precincts had too few machines, causing long waiting times, while others had many machines per registered voters. Officials cited a late rush of registrations after voting machines had already been allocated as one source of long lines.[31][32]

In the 2000 election, especially in the disputed recounts in Florida, there were issues concerning the ambiguities and uncertainties that arose from punch-card ballots, such as the hanging chads (incompletely punched holes). In 2004, the punch-card ballots were still widely used in some states.[33] For example, most Ohio voters used punch-card ballots,[34] and more than 90,000 ballots cast in Ohio were treated as not including a vote for President; this "undervote" could arise because the voter chose not to cast a vote or because of a malfunction of the punch-card system.[34]

For the country as a whole, the voting technology used in the 2004 election breaks down as follows:[35]

Before 2004, the increasing use of electronic voting machines had raised several issues:

• Security. Without proper testing and certification, electronic voting machines could produce an incorrect report due to malfunction or deliberate manipulation.[36][37][38]
• Recounts. Voting machine recounts should include auditing of hardware, software and the comparison of multiple vote records. Nevada was one of several states which insisted on electronic voting systems that create a paper trail.[39]
• Partisan ties. Democrats noted the Republican or conservative ties of several leading executives in the companies providing the machines.[40]

The state of California ordered that 15,000 of its Diebold voting machines not be used in the 2004 elections due to flaws that the company failed to disclose.[41][42]

In September 2005, the Government Accountability Office released a report noting electronic voting systems hold promise for improving the election process while citing concerns about security and reliability raised by numerous groups, and detailing specific problems that have occurred.[43]

Provisional ballots are for would-be voters who assert that they are registered but whose names cannot be found in the list available at the polling place. The voter completes a written ballot, which is placed in a sealed envelope. The ballot is opened and counted only if the voter is subsequently found to be registered.

In 2004, there was contention over the standards for determining whether to count provisional ballots. In Ohio, Secretary of State Ken Blackwell ruled that Ohio would not count provisional ballots, even those from properly registered voters, that were submitted at the wrong precinct. This ruling was ultimately upheld by the United States Court of Appeals for the 6th Circuit.[44][45]

Absentee ballots were also an issue. There were reports of absentee ballots being mailed out too late for some voters to complete and return them in time.[46] In some instances, officials argued that last-minute litigation over Ralph Nader's ballot status or other issues had prevented them from finalizing the absentee ballots as early as they wanted to. In Broward County, Florida, some 58,000 absentee ballots were delivered to the Postal Service to be mailed to voters, according to county election officials, but the Postal Service said it had never received them.[47][48]