American Politics Journal

Pattern and Practice: An Open Letter from an APJ Reader to Congressional Representatives
January 2, 2001

I am writing to urge that you demand congressional debate of the legitimacy of Florida’s 25 presidential electors, and ultimately vote against the acceptance of Florida’s electoral votes. It is important that Democrats make a stand against this fraudulent election. George Bush prevailed by unethical and criminal acts, not by winning a majority of votes. That means that we should have no confidence that there will be elections in 2002 unless a principled stand is made and the situation righted. I attach 25 reasons for challenging the 25 electors, one reason for each elector.

I. At least three electors engaged in illegal, corrupt or unethical acts as part of the election:

1. Charles Kane, an attorney, by his own admission tampered with signed documents affecting a federal election, namely absentee ballot applications in Martin and Seminole Counties. This is a felony under both state and federal law.

2. Katherine Harris, Secretary of State and campaign co-chair for candidate George W. Bush, consistently acted to advantage George W. Bush, violating the laws of Florida, and the provisions of the US Constitution in the process.

· Harris was found by the Florida Supreme Court to have acted "contrary to law" in exercising her discretion to ignore late returns, contrary to the laws of Florida. The electors were therefore not "lawfully certified".

· Harris instructed the county election boards that, pursuant to Florida law, late ballots without postmarks were not eligible to be counted. Harris nevertheless knowingly included votes from counties that had counted late ballots that arrived without postmarks.

· During the contest, Harris was under a court order that provided her with the discretion to accept vote totals until 9:00AM on Monday, November 27th. by closing her office on Sunday, November 26th before 5:00PM. Under that same court order, Harris was instructed that her discretion could not be used in a manner that excludes legally cast votes. Harris thus violated the court order under which she was operating, and certified state totals that were fraudulent because she had used her discretion in an illegal manner.

3. Florida House Speaker Thomas Feeney used his position in the Legislature to attempt to circumvent legal resolution of the election dispute and instead appoint electors through an extra-legal process. Feeney further knew that, in Miami Dade County, a partisan mob had obstructed the counting of ballots by methods including violence and knew or should have known that white supremacist groups were engaged in acts of violence in support of George W. Bush. Finally, he engaged in partisan remarks intended to discredit a fundamental process of democracy, the counting of votes. Rather than behave with a desire to see justice done, Feeney acted unethically, with reckless and single-minded partisanship.

 

II. The election process was not completed and remains illegal

4. Election Supervisor Clay Roberts has admitted that legally-mandated recounts were not performed in at least five and as many as eighteen counties. The certification of the election by the Secretary of State is therefore based on false county certifications.

5. At least one outstanding contest had not been resolved at the time of the Electoral College vote. A case filed against the Bay County election board was appealed to the Florida Supreme Court and neither dismissed nor heard.

 

III. The vote totals used to judge the election are based on illegal acts. In addition to the felonious alteration of absentee ballot applications, the certification of a vote total based on counties that had falsely certified performing a recount and the inclusion of absentee ballots that did not bear reasonable evidence of having been properly cast, the election is tainted by numerous illegal acts, including

6. Substantial, credible, sworn evidence of violation of Section 2 of the Voting Rights Acts of 1965, including

· Substandard vote-counting machinery predominantly in minority voting places. This resulted in the discarding of up to 30% of the ballots in principally African-American precincts.

· Improper disenrollment of thousands of predominantly Democratic voters, including students and Motor Voter registrants

· Denial of Creole-speaking assistance to Haitian refugees

· Insufficient ballots at polling places

7. State-sponsored disenfranchisement of minority voters through violations of either Section 2 or Section 5 of the Voting Rights Act, including

· The use of ChoicePoint, a firm retained by the Secretary of State’s office, to selectively disenroll predominantly Democrats through false accusations of having committed felonies.

· The use of an unauthorized police checkpoint in a covered location, in violation of Section 5 of the Voting Rights Act

· Voter intimidation by police shakedowns of voters

8. Missing and tampered ballot boxes. Sworn testimony was given by a police officer to the effect that a ballot box had been discovered in a hotel. The press also reported ballot boxes with tampered seals in Volusia County.

9. The Republican Party, in violation of Florida law, solicited absentee ballots specifically for convenience rather than need.

10. Nassau County “lost” 218 ballots between the first count and the recount. Contrary to Florida law, the county submitted its original vote totals to the advantage of candidate Bush without any documentation of error of its previously certified totals. Katherine Harris knowingly certified these illegal vote totals rather than use her discretion to give the county time to locate the missing ballots. As of late December, 41 ballots could not be accounted for.

11. Secretary of State and Bush campaign co-chair Katherine Harris included amended totals from counties that had made no effort to comply with her demand for notification of and reasons for amending their totals. Indeed, she actively solicited amended totals from counties that were expected to increase George W. Bush’s margin. Since the court order under which Harris was operating specifically applied to counties performing manual recounts under the protest provision of Florida statute, she abused her discretion in an illegal manner, rendering the appointment of Florida electors illegitimate.

12. Harris further included in her certified vote total absentee ballots counted in clear violation of Florida statute, including two FAXed-in ballots and three unwitnessed ballots, rendering the appointment of Florida electors illegitimate.

13. Vice-presidential candidate Richard Cheney was clearly an inhabitant of Texas in the year 2000, having even used a homestead tax deduction that is only allowed on a primary residence. The electors of Texas should therefore be constitutionally barred from voting for both Bush and Cheney. Cheney’s hurried elopement to Wyoming and a subsequent court decision permitting these inconvenient facts to be ignored do not change the reality that the Twelfth Amendment has been abused.

 

IV. Three conservative members of the Supreme Court had urgent ethical reasons to recuse themselves, rather than joining to effectively appoint George W. Bush president. Specifically:

14. On Election Day, Justice Sandra Day O’Connor, on being told that Al Gore had won Florida, became visibly upset and said “That’s terrible”, betraying a clear bias. Her husband explained that she had hoped to retire and could not do so if a Democrat were elected president.

15. Justice Antonin Scalia, in granting a stay to the recounting of votes declared that "irreparable harm" would be suffered by George W. Bush on counting the ballots. By considering only the possible harm to Bush, and disregarding the irreparable harm to Al Gore the voters of Florida and the nation, Scalia violated the Equal Protection and Due Process clauses of the United States Constitution. Scalia's opinion demonstrated a clear and unmistakable bias toward Bush. It should be noted that Scalia has, in another venue, denied that Americans have a right to vote and the Supreme Court decision he signed anointing Bush president is ample evidence of his contempt for democratic process. Justice Scalia further had two sons working for law firms associated with the Bush campaign, one of whom worked on a brief presented in the case. Scalia therefore had a personal interest in the case.

16. Justice Clarence Thomas failed to recuse himself, despite the fact that he had a personal financial interest in the outcome of the case. Thomas’s wife was employed by the Heritage Foundation, and she was involved directly in the transition planning for George W. Bush on behalf of the Heritage Foundation. Thomas’s failure to recuse himself, despite his personal financial stake in the issue before the court, leads to the inevitable conclusion that the USSC decision was tainted, illegal, and unconstitutional.

 

V. Supreme Court interventions into the election were not in good faith and indeed so ludicrous as to have disgraced and delegitimized the courts. Specifically:

17. The US Supreme Court tampered with the electoral process in an unprecedented manner, intervening twice despite clear evidence that the Florida Supreme Court was deferential to the legislature and the Constitution in making its ruling for a statewide recount. Seizing on a shameful and hypocritical claim of denial of “equal protection”, the US Supreme Court denied the vote to tens of thousands of disproportionately minority voters by claiming that counting teams, working under the supervision of a judge, are unable to ascertain “the intent of the voter”, a common standard for vote counting. In so doing, the Court declared over 200 years of manual recounts unconstitutional and ignored the testimony that vote counting machines are less reliable than humans. Further making it clear that the Court was acting in bad faith and for partisan purposes, it provided no remedy.

18. To add further insult to injury, the Supreme Court declared its ruling “limited” to the matter at hand. This amounts to the creation of an ex post facto law to deal with the results of an election that the Court found not to its liking, a creation of special rights for George W. Bush. In so doing, the Court violated the precise constitutional provision that it was invoking, since the rights of those voters whose ballots were never examined by a human being were not weighed and protected.

19. Indeed the Supreme Court displayed hypocrisy that discredited the legal system in applying the Equal Protection clause to the adjudication of a state matter. It is THIS Supreme Court, and precisely the judges that voted in the majority, that demanded in other cases that plaintiffs prove that a statute is expressly or intentionally discriminatory. No such claim was made by plaintiff Bush or found by the Court. This Court has also held that a claim of denial of equal protection requires the identification of a class of people historically subjected to discrimination or that there be a proof that a statute is not grounded in reason. The arbitrary nature of the Court ruling renders it corrupt, illegal and unconstitutional.

20. The US Supreme Court created an artificial deadline of December 12th, and then intervened in the recount to ensure that the deadline could not be met. The Florida Supreme Court appropriately ruled that the Florida State Legislature “desired” to take advantage of the ‘safe harbor’ (protection against challenge in the Congress) provisions of 3 USC 5 by confirming electors by the 12th of December. The US Supreme Court exaggerated the desire into a requirement, such that it effectively overruled the due process required to determine who actually won Florida.

21. The bad faith of the Supreme Court was further demonstrated by the fact that, thanks to the Supreme Court delays in ruling, the ‘safe harbor’ provision could not be achieved. The Supreme Court ruling issued too late on December 12th for the contest to be finalized and therefore the electors to receive the benefits of ‘safe harbor’. This legally preposterous ruling, which had the effect of preventing the votes of the people of Florida from being properly counted, tainted the Court’s action as corrupt, illegal and unconstitutional.

22. To further illustrate the bad faith of the Supreme Court, the Supreme Court allowed ballots that were clearly counted in violation of Equal Protection if that did indeed require a perfectly uniform standard.

· George W. Bush received a net gain of 630 votes from late absentee ballots, more than the final margin by which the election was certified. These ballots were counted not according to Florida law but under a consent decree that a lower court found had the effect of a court order. The standards applied to counting were highly non-uniform. Under the Supreme Court ruling requiring uniform standards for the counting of ballots, those late ballots should also have been discarded and George Bush would have clearly lost Florida.

· In one county, ballots that had not been counted by a machine were altered by election officials to facilitate counting. This was legal and proper under Florida law, which makes expression of the will of the voter paramount- but in the Supreme Court’s formulation amounted to a violation of Equal Protection, since it was applied in a single county.

23. The certification of the Florida electors was further voided because the vote totals reported by Katherine Harris were obtained under an order subsequently vacated by the US Supreme Court pending clarification. The Florida Supreme Court subsequently provided clarification, but the US Supreme Court has not acted on the matter. Therefore, the contest process never reached closure and, under article II of the Constitution, electors cannot be appointed. The appointment of electors was therefore illegal.

24. In large measure, the issues in Florida arise from discrimination against minority voters. For this reason, the reported participation of Chief Justice William Rehnquist in the suppression of minority voting in the 1960 election and his probable lies under oath when questioned about the issue during his confirmation hearing to become Chief Justice, are relevant. Equal justice cannot be dispensed by officials who deny the equality of the God-given rights of all Americans and are willing to lie about it to advance their own careers and partisan agendas.

 

VI. The will of the people has been trampled upon

25. Media recounts now show Al Gore would have won a statewide recount of Florida. Even in conservative Lake, Hernando and Hillsborough counties, examination of the ballots by independent auditors has shown that clear and legal votes for Gore were not counted. In addition, tens of thousands of predominantly Democratic voters were prevented from having their vote recorded. If elections reflect the will of the people and the consent of the governed, Al Gore will be our next president.


George W. Bush was not elected president of the United States and will never be its legitimate leader. The fact that he is falsely thrust forward by the powerful of this nation as its leader is, instead, a banner proclaiming the moral bankruptcy of the US media, the US court system and many politicians in both the Republican and even Democratic parties.

The essence of this issue is that the law has been applied inconsistently, which makes it unlawful, a travesty. Totalitarians often use the form of legality but apply it as they choose. Had the law been applied consistently, Al Gore’s inauguration would have been assured.

Everyone knows that Al Gore won Florida and the election. This fact is in particular known by those who, for what we believe to be the first time in American history, stopped the lawful and authorized counting of ballots and silenced the workings of democracy.

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ISSN No. 1523-1690