In Violation of Federal Law, Ohio's 2004 Presidential Election Records Are Destroyed or Missing

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By Steven Rosenfeld, AlterNet

Two-thirds of Ohio counties have destroyed or lost their 2004 presidential ballots and related election records, according to letters from county election officials to the Ohio Secretary of State, Jennifer Brunner.

The lost records violate Ohio law, which states federal election records must be kept for 22 months after Election Day, and a U.S. District Court order issued last September that the 2004 ballots be preserved while the court hears a civil rights lawsuit alleging voter suppression of African-American voters in Columbus.

The destruction of the election records also frustrates efforts by the media and historians to determine the accuracy of Ohio's 2004 vote count, because in county after county the key evidence needed to understand vote count anomalies apparently no longer exists.

"The extent of the destruction of records is consistent with the covering up of the fraud that we believe occurred in the presidential election," said Cliff Arnebeck, a Columbus attorney representing the King Lincoln Bronzeville Neighborhood Association, which filed voter suppression suit. "We're in the process of addressing where to go from here with the Ohio Attorney General's office."

"On the one hand, people will now say you can't prove the fraud," he said, "but the rule of law says that when evidence is destroyed it creates a presumption that the people who destroyed evidence did so because it would have proved the contention of the other side."

....

Under federal and Ohio law, all ballots and election records from federal races must be preserved for 22 months after Election Day, which fell on Sept. 2, 2006. While election integrity activists and reporters from a Columbus website, FreePress.org, had sought the ballots and other election records soon after the presidential election, Blackwell would not allow county boards to release the ballots, citing court challenges to the 2004 results and a 2005 suit from the League of Women Voters alleging the state was not following the newest federal election law, the Help America Vote Act. By spring 2006, after the League's lawyers stipulated they were not challenging the 2004 election results, some counties began to release their 2004 election records. Scrutiny of those records raised questions about the conduct of the election and some county vote totals.

http://alternet.org/story/58328/

[yogib37 3]

:whistle:

First the Florida Election records disapear or were not counted or wanted to make sure the Gov. Brother will be in charge of the USA and now Ohio in 2004.. Seems someone in charge has friends in higher places to make sure he will keep his job...

DONT worry.. We will get thru it

Yogi

[no name 1]

I can assure you my friends & family in Southern Ohio did not have their votes counted!

[GaryC 7]

I can assure you my friends & family in Southern Ohio did not have their votes counted!

Why do you say that?