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Bracing for the Ballot Battle

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Posted on Oct 28, 2008
voting sign
panhandleparade.com

By Bill Boyarsky

Next Tuesday, don’t be shocked if the Republicans roll out their familiar tactics of intimidating Democratic voters, challenging their eligibility and subjecting them to long lines at polling places. If the election is close, these shady maneuvers might pay off.

None of this will matter if Sen. Barack Obama wins big. But if the polls are misleading or just plain wrong, the outcome may depend on what happens in courtrooms, or with the late, and possibly questionable, counting of provisional ballots cast by voters who have been challenged.

In addition, a tangle of incompetent and partisan local election officials, failure-prone technology and complex, obscure election laws will prompt polling-place disputes and litigation in some key states.

An excellent summation of potential problems is provided by the Pew Center on the States report “Election Preview 2008: What if We Had an Election and Everyone Came?” 

The Pew report is much more restrained than my view of the situation. Nonprofits have to give the impression of impartiality. But from the report and a summary of it by Erica L. Green in Medill Reports Washington, it’s easy to figure out where the Democrats should expect election night troubles. News stories and blogging election experts provided me with additional information.

The Pew report pointed out the dangers of provisional ballots. Voters must cast provisional ballots if they don’t have photo identification, when their name doesn’t appear on the voter rolls and, most important, when they are challenged by a political party poll watcher. The provisional ballots are counted later, after a voter proves to an official that he or she is authentic.

Republicans are warming up for such challenges, although Democrats will make them too. The Pew study quoted Tova Wang of Common Cause and Edward Foley of Ohio State University’s Moritz College of Law as warning that provisional ballots, and the variety of state rules that govern them, may be the hanging chad of 2008. Hanging chads on punch-out ballots were the symbol of the Democratic loss of the presidency in 2000.

And aside from partisan warfare, there are the technological failures that have marred past elections. Doubts still linger about electronic voting machines. The Pew study said: “The U.S. Election Assistance Commission (EAC) reported that it would not be able to certify some voting systems by the November election, so leading manufacturers and election officials say they are forgoing important software modifications meant to address security and performance concerns.”

The biggest danger to a fair count, however, comes from experienced Republicans who perfected their assaults on the electoral system in Florida in 2000 and Ohio in 2004.

There are signs of such activity in the battleground states where the election is close. In Florida, where Obama leads Sen. John McCain 47.8 percent to 45.1 percent in a Pollster.com summary of surveys, Democrats are bracing for many challenges in Democratic areas. Democrats could file challenges, too, since Florida law, changed since 2004, now makes it easier to lodge such challenges. As the Miami Herald reported, “For provisional ballots to count, voters would have to prove their residency to local election officials by 5 p.m. Nov. 6—two days after the Nov. 4 election. The counting of high numbers of provisional ballots could hang up Florida’s presidential election tally until the third day if the outcome is as razor-thin as it was in 2000—the mother of all election recounts.” In addition, Florida is using its third new voting technology in the third presidential election in a row.

In Ohio, where Obama leads McCain 49.7 percent to 43.4 percent in the Pollster.com summary, the Republicans have sought to disqualify 200,000 newly registered potential Democratic voters.

In Indiana, with McCain leading 47.5 percent to Obama’s 46.4 percent, voters will have to present photo identification for the first time, a requirement Republicans have used in the past to challenge Democrats in poor minority areas. In addition, Indiana Republicans are seeking to close down early voting centers in Gary, Hammond and East Chicago, threatening Democratic hopes to carry the state.

Some of the other battleground states that could be in dispute on Election Day are Nevada, New Mexico, Colorado, Missouri, Pennsylvania and Georgia.

Long before Obama and McCain began their fall campaign, Republicans moved to block an extensive voter registration drive that had its roots in the unions, new organizations spawned by the Internet and by veteran grass-roots organizations, including ACORN, the Association of Community Organizations for Reform Now.

ACORN’s effective registration drive had been a Republican target in 2004. Some of the U.S. attorneys fired in last year’s Justice Department scandal were targeted after the election because they didn’t prosecute the organization for voter fraud that did not exist. All through this year, the Republicans have gone after ACORN, and the theme has become a staple of the McCain-Palin campaign.

Now, with the election just days away, the Republicans will take to the field with renewed energy, hoping to win through intimidation and legal processes a victory that they are finding difficult to attain in the voting booths.

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By troublesum, November 1, 2008 at 2:56 pm #

For people living in hotly contested states - Ohio, Florida, Pennsylvania, it has been suggested that voters bring cameras or cam corders to the polls to record incidents of voter intimidation and election fraud so they can’t get away with it this time.

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By Shenonymous, November 1, 2008 at 11:22 am #

problemsolver, those are great ideas!  I will do exactly that the next election.  Thank you!

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By bobo6, November 1, 2008 at 8:38 am #

If this election is stolen as were the last two,there will be blood in the streets.We have arrived at the Rubicon.

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By cyrena, October 31, 2008 at 11:51 pm #

Snow Devil,

Thanks for the insight. I agree.

I wish I could easily answer why the US doesn’t seem to really WANT to have fair/democratic elections. And, I can’t easily answer exactly what it is that makes so many so untrusting.

But, there’s no short answer, even though the basic issue is the same in all of it, and connected to the same racism that you’ve already mentioned as being a pretty fundamental problem.

In all honesty though, many of us here in the US actually *DO* have a system similar to yours there in Canada, but there are still these problem spots/states. However, these have become far MORE problematic in the past decade in the US.

Thinking back, we here in the US have HISTORICALLY had troubles enough giving the vote to EVERYBODY (When things started off, only white property owners could vote, and of course no women or blacks, or browns, or any other color, even though we already had a civilization hooked up before these clowns ever got here.)

Be that as it may, this ‘voter fraud’ thing is all “created” by the Rethugs in the past decade or so. We never had these issues on any large scale before then. And, there have YET to be any documented incidents of the kind of voter fraud that the Rethugs/Neo-Con Cabal is trying to use as the excuse to perpetrate their own, which is caging, purging, and the old stock in trade, intimidation.

Now they’ve added techological stuff to it, like the machines that record votes for McPalin and all rethugs, regardless of how the voter actually marked it, or touched the machine. So it’s moved up from the old time ‘stuffing of the ballot box’. But, that’s exactly what that is with the machines and the chads, and all of that.

But, I side tracked. I said all of that to say that in many places here, (certainly in my own state of California) we have very, very, very few of these problems reported. But, it’s because our people that pay attention to these things have been exceedingly vigilant over these past 8 years. And, it hasn’t been easy.

It hasn’t been easy because the neocon and Terrorist Cabal that high jacked that first election in 2000, (and basically that was an electoral system or judicial coup)have obviously been quite determined to carry this out, and have been for a very long time. They suceeded in the last two of these elections, and they don’t give up easily.

This time though, we’re far better prepared, in part because we’ll never survive another Coup.

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By problemsolver, October 31, 2008 at 10:20 pm #
(Unregistered commenter)

I think there are a few things that can be done to try to prevent the Republicans from again stealing the election.
The first is to vote early; the lines may be long now, but they are not going to be any shorter on Tuesday.  This way, if there is a problem, it may be able to be overcome in time for the general election.
Second, if you have a cell phone or other camera, photograph your ballot after you marked it; if it is electronic, and you have a video mode, photograph the lever pulling process—- if there is a fraudulent indication, you will have documentation for a legitimate challenge.  If there are any honest people at that poll, they may provide another opportunity—- or “reset” the machine so you can try again.
Finally, after the election, petition your representatives to create a non-partisan election commission to staff the ballot sites throughout the country.  This is the operation in Canada; if fraud takes place in Canadian polls, it is not super-obvious.

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By ocjim, October 31, 2008 at 8:38 pm #

My question is will we roll over again if the Republicans steal the election? Is there a plan to contest all the battleground states?

McCain has displayed the abject willingness to resort to any tactics to win, the same willingness shown by the Bush regime before him. His “country first” is such a ludicrous sham that voters should be rolling on the floor in laughter.

McCain truly has us where he wants us. Like Bush’s regime, Iraq being one example, he is engaging in a scorched earth policy, willing to destroy everything to attain the office of president.

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By cyrena, October 31, 2008 at 8:08 pm #

Outraged, what’s up with this?

“Now let’s look at Obama. He has recently announced that he is keeping Bush’s cabinet intact if he gets in!”

~~~

Would you care to provide a citation for this total absudity? Seriously…this is extreme, even for you.

I’m worried. For far too many amoung us, the meltdown has already kicked in full force. So many just haven’t been able to hold out, and have simply lost it. I’ve been watching it happen. It’s like watching a huge train wreck in slow motion, and not being able to do anything to stop it.

We keep saying, Hold On! Hold On! Stay with us, please…just hang in there till help/rescue arrives. But…some just can’t. We keep losing you all. I hate that.

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By Outraged, October 31, 2008 at 5:02 am #
(Unregistered commenter)

I don’t understand why all the “Republicans” are worried about Obama getting into the whitehouse. First of all it hardly makes sense that we do any of this dog and pony show called elections. Its a one party system now folks, wake up!! That said there are very few difference between the candidates. The only real differences are that Obama is not as reactionary as McCain/Palin. Other than that they are both Facists. They have to be or they couldn’t be in office. Oh, you want proof? For starters, look at PNAC which is a Nazi organization and guess who the president of that is? McCain! Now let’s look at Obama. He has recently announced that he is keeping Bush’s cabinet intact if he gets in! Oh,in case nobody has been paying attention, Biden is a “Republican” only he is more centerist.
The Facist Right-wing has nearly everything they want right now and into the future: No taxes or the rich, the extermination of the middle-class, 80% martial law, total control of the government, total control of the media, all the money, control of so-called “elections”, control of the DoJ, etc. The only thing they don’t have yet is 100% control of all the people. In order to have that they must continue the fear-mongering and force everyone to convert to Christianity and thus change the laws accordingly. In other words, stop pointing the finger at the Taliban and Iran and realize that they are jealous because they don’t have 100% control in a theocratic state…...yet.
So why are we even doing this election stuff?  I don’t know other than to continue to fol the majority of americans who have all the intellegence of a carrot because thinking has gone out of style a long time ago. Americans are literally afraid to think!

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By Anarcissie, October 30, 2008 at 8:44 am #

Canada appears to have a different social contract than the U.S.  Many of the mechanisms of overall control are well-hidden.  Much of the economy is owned by foreigners.  A Canadian election seldom gives the voters the idea that life-and-death issues are at stake.  (Although they were when Social Credit won in British Columbia back in the 1950s partly on the promise—fulfilled—to crush the Dukhobors.)

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By Snow Devil, October 30, 2008 at 3:18 am #
(Unregistered commenter)

I’ll give you some insight into how this could all be fixed:

Canada.  There’s been two straight (albeit minority) Conservative governments, dispelling the myth that Canada is a haven for pot-smoking, gay-marrying terrorists.  No one’s batted an eyelash over whether or not the election was conducted fairly, and hardly anyone feels they should.  The campaign, voting and election night results came and went with nary a whiff of controversy.  No lives threatened, no reports of manipulation or fraud, no brown shirts.  There are malcontents and conspiracy theorists like in every country, but here they are in a minority.

Why?  Stubborn, strong, constitutional democratic principles.  Voting on paper, by pencil, placed in thick cardboard boxes.  No outside “monitoring”, because the voters themselves and employees of a single branch of the federal government do the monitoring (waaaaay easier on the taxpayers than the U.S. system.)  Once you get confirm your registration (a way less taxing and more streamlined process than the U.S.) and get your ballot, you vote in a simple cubicle and put your vote in the box.  You walk out, with no one yelling at you, and go home to watch the hockey game.

That’s a real recipe for fraud you say.  But I counter with this: It is a shame that Americans neither trust nor believe themselves to be capable of that kind of austere, old-fashioned democracy.  It’s cheap, effective, constitutional, and enfranchises everyone who can slip a piece of paper into a ballot box.  And Americans don’t seem to want it.

I’m a Canadian and I love the Declaration of Independence and U.S. Constitution to death.  I always say that if you were to govern the country based on the constitution (as many elected and unelected officials claim to, but we know otherwise), the U.S. WOULD be the greatest country in the world.  But there’s that Obama racism thing (in the 21st century!), and the fact that only a few citizens (compared to 300 million) seem to be alarmed by this voter fraud thing.

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By thebeerdoctor, October 30, 2008 at 12:32 am #

This election has become a monumental struggle to see if somehow, a reasonable centrist Democrat can tackle the problems inflicted on this country by incompetent self-serving idealogues who justified their own avarice by falsely claiming patriotism, in their continuous pursuit of mindless policies.
I have to laugh at those who boo-who about Senator Obama opting out out of the public campaign finance scheme. As Harry Dean Stanton said in the crime movie Straight Time: “You don’t hold up a poker game without a shotgun. It’s just not professional.”
The same can be said if someone is serious about power in American politics. The noble ones who think 74 year old Ralph Nader is actually serious about What It Takes to be on this playing field, have to ask themselves how noble it is to let the Republican agenda continue on its merry destructive way, while the people, the powerless ones, including this internet peasant, who may care very little about political theory, but most certainly feel the brunt when it is put into effect.
I take nothing for granted. The bastards who steal elections are still stirring about. Resolute and strong is the only way to approach this election. Take nothing for granted.

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By cyrena, October 29, 2008 at 11:35 pm #

By LJ in MD, October 29 at 5:09 am #

LJ in MD

On this GOP disenfranchisement plan..

You do REALLY good work. All 6 steps are right on the money. We’ve run into a few of them already, at Obama rallies and similar political events. There’s always a small crowd of these crackpots. They show up on these blogs as well.

And indeed, this is EXACTLY how they work it.

Stay vigilant.

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By Shenonymous, October 29, 2008 at 5:56 pm #

I grew up with the idea illegitimus non carbarundum meaning don’t let the bastards grind you down.  Voters need to withstand the shit that is being dished out to them and if they have to stand in line for hours they need to stand there if they passionately want change.  That is the way the wind blows and until we put the mongrel regime out of business, we strengthen our resolve and walk the walk.

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By Big B, October 29, 2008 at 5:40 pm #

Beerdoc

Where is the Noble McDuff when we need him?

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By Margaret Currey, October 29, 2008 at 4:31 pm #
(Unregistered commenter)

I believe I was in this vote cageing thing, the state I live in has mail in vote so when I received a letter from an voter orginization to regiser to vote abasantee I immediately thought something was wrong, so I called up the election board in my state and asked if I was registered, and they told me I certainly was and to rip up the letter.

It seems as though I was not the only one to receive this letter, some people might forget that they get a card say they are registered but when there is a question it is allways better to question because the GOP wants to win and they will use any means necessary to achieve their goals, sounds like something Communist and the question about Obama being a Marxists or solialist is crazy, because bailing out Wall Street is very socialist but when it is done by the crooks it is o.k.  and believe me what was done by the banking industry was pushing the envelope, especially when the matra less government is said over and over, smaller government means DICTATORSHIP.

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By Anarcissie, October 29, 2008 at 12:02 pm #

I have heard that, due to the three- and four-hour waits people were experiencing at polling places in Florida, the governor has declared a state emergency in order to keep them open longer.  He (Crist) is a Republican, and this will probably finish him with the party.

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By Still Life Living, October 29, 2008 at 8:44 am #

This is the biggest story of the century.  If you believe that truth and honesty are two fundamental priciples in life—you have to stand up for them REGARDLESS OF THE OUTCOME.  Without interity of the system, the constitution is over.

Keep vigilant. This election has to be fair. Regardless of who wins.

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By The Beej, October 29, 2008 at 8:24 am #
(Unregistered commenter)

Purple girl, why hang em?  I say expel them.  If they screw with our election, send them somewhere where they really have no rights (SE Asia, Iraq, Afghanistan, Venezuela, Any number of African nations, The Gulag…).  Make it the Amazing Race, just without a finish.  Kick them out of the back of a C130 with a parachute…

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By purplewolf, October 29, 2008 at 6:57 am #

It is past time to eliminate the Electoral College and make one vote equal to one vote.

With all the underhanded, dirty stunts(like the notices that came out in one town claiming due to the volume of voters, Repubs will vote on Nov.4 and Dems will vote on Nov. 5, just another example of the lowlifes of the values team. They should be made to forfeit their chance at the white house, as their behavior and actions prove they are unfit to lead this country anywhere except down the toilet.

Watch the documentary “Hacking Democracy,” it has been proven that the 2000 election was stolen by the Repubs. In 2004 how can a town in Ohio with only a certain number of registered voters turn in over 3 times as many votes-favored, of course, to Bush and still be counted as valid. Or where the machines subtracted votes for the Dems and add them to the Repugs or when one vote was cast for Bush it registered as 10 voted for Bush.

I fully expect the Repugs to steal this election. As for all the hype about ACORN. I only saw on the news for 1 night about the 2 groups that John McCain has donated to that register people to vote. One man was charged with throwing out thousands of legal registered voter names because they were Democrats and another group registered voters as Republicans unknown to the voters, or registered them fraudulently. claiming they were registered for another proposal on a ballot. It seems like the only way these losers can win is by cheating. But George W. was and still is a cheater also as he still keeps changing the rules trying to be the winner, just as he did through out his college years and it doesn’t matter he claims he is a Christian(to much religious B.S. in their whole campaign)he is still an underhanded liar.

If the Repugs get in, expect more wars, less rights, more perks for the rich, social security prescription coverage gone(as McCain hate this) a freezing on spending(except for what they want) and the middle class will finally be eliminates. Never mind the poor, we do not exist in their fantasy world.We have money borrowed for wars and rebuilding of other countries that hate us, yet we cannot take care of America?

WHY DOES THE REPUBLICAN PARTY HATE AMERICA SO MUCH?

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By Pedro, October 29, 2008 at 6:13 am #

We’ve had 8 long years to fix this and nothing has been done.  Racism is alive and well in America and McCain is going to steal it for the trifecta.

The Democratic congress had more important things to do for 2 years, like, um, er…  Certainly the signing statements and illegal acts of the Bush Crime family didn’t help.

I’m just worried what happens during the lame duck period to make things worse.  The psychopath is obviously doing this on purpose.  What a legacy he’ll leave behind.  And hopefully he’ll have plenty of time to think about it in a jail cell.

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By scared, October 29, 2008 at 5:50 am #

The past two elections I cast my vote in rural (overwhelmingly white, overwhelmingly Republican) north central Maryland near the Pennsylvania line.  Voting was a breeze up there…no lines, no waits, plenty of machines, very well staffed and very smooth overall.

Tuesday will be my first election as a resident in the heart of the Baltimore city.  In 2006 Baltimore’s racial makeup was about 65% African American and 31% White, with 22.9% of the population below the poverty line.

I’ll be interested to see the contrast between voting in these two very different demographical areas of the same state.

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By thebeerdoctor, October 29, 2008 at 5:44 am #

re: Big B

“O, horrible! O, horrible! most horrible!
If thous hast nature in thee, bear it not;
Let not the royal bed of Denmark be
A couch for luxury and damned incest.”

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By Mrs. Hohmann, October 29, 2008 at 5:43 am #
(Unregistered commenter)

I took the time to read about the electoral college in junior high school and got tossed out of American History class several times for my direct rebuttals to my teachers explanation of the Presidency and the original statement in the constitution compared to the Federal law passed in 1845, and today the term appears in 3 U.S.C. § 4, think about what you are all up in arms about. The Bayh-Celler Amendment (this would have made the Presidential and Vice Presidential election by POPULAR VOTE for the entire USA) was killed by the Senate in filaOn September 17, 1970, Senate Majority Leader, Mike Mansfield of Montana, moved to lay the Amendment aside so that the Senate could attend to other business.[69] However, the Amendment was never considered again and died when the 91st Congress officially ended on January 3, 1971.
Since then we have continued the lie. This will be the first election since I turned 18 that I will not vote in because nothing has changed.  Want more on this-
http://en.wikipedia.org/wiki/U.S._Electoral_College
I wish it was not true but we have to make changes that matter and corruption in the USA is far to profound to go very far still.

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By LJ in MD, October 29, 2008 at 5:09 am #
(Unregistered commenter)

GOP disenfranchisement plan:
1) Target AA neighborhoods, areas with high unemployment and high foreclosure rates. Wear special “brown-shirt” uniform so citizens know who you are.
2) Have fellow brown-shirts stand outside polling places to let incoming citizens know you are there only to keep their “rights” safe (meaning “The Right” safe) by challenging suspicious people and undesirables.
3) Let incoming citizens know you have a list of people suspected of registration fraud (parking violations, overdue movies at Blockbuster…) and if those people show up they will be arrested - all in the name of democracy. Let them know that if they think there is any chance they might be on that list, it would be best for them to just go home.
4) Challenge voters loudly to disrupt the voting place and slow down the process. Target white voters so that you don’t get called racist - doesn’t matter as long as you keep black people and other “ill-informed” people in that precinct from voting.
5) If anyone complains or tries to stop you, yell out “my rights are being violated by the Democrats” and “the commies are taking over”.
6) If you are arrested don’t worry, you have done your part for the fatherland, I mean America. Just make as big a scene as possible on your way out.
Remember, if we lose - you are on your own!

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By hippy pam, October 29, 2008 at 5:07 am #

I say…BEAT THEM…HANDS DOWN….OVERWHELMINGLY….SO THERE CAN BE NO DOUBT….And STAY CALM, COOL and COLLECTED while doing it…..Show the “mooseturd/mcshame” crew how it is done by ADULTS!!!!

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By Big B, October 29, 2008 at 4:50 am #

Let me share a little observation of how things could go south for the dimmos on Nov 4th. Our little town in western PA has approx 200 registered voters, nearly all republican. Our voting site is equipped with 2 machines. No waiting at all.

A larger town just to our east, has about 10,000 registered voters. Of these, about 30% are black, and most are democrats. That town has 3 polling sites, with 3 machines at each. The math is simple, the country bumpkin repubs have 1 machine for about 100 people. The city dimmos have 1 per 1000 voters.

From what I have read about nearby Ohio and WVa, they still have very much the same problem, only worse in places like Cleveland and Columbus.

Once again, many voters could be disenfranchised by waiting lines longer than 2 hours. And once again it will be more common in areas of the black and poor.

There is still something foul in the state of Denmark.

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By Purple Girl, October 29, 2008 at 4:45 am #

Why is all this shit still going On?
Why aren’t the ones trying to mislead the voters, bar them from voting or tampering with their vote being Charged with a High Crime
What is more fundemental to a Democracy than the Unfettered ability of the citizen to voice his opinion.
Obviously Nothing has really been done to stop it, or deter it….so more extreme methods must be taken.
Honestly until someone is Executed for this, it will continue to occur. Seriously.
Selling military secrets could change the balalnce of power or the course of a War, Isn’t rigging an election EXACTLY the same?
Gen Benedict Arnold has gone down in Our history as the ‘Worst’ Traitor (name now synonomys), yet he is only known to have given Info about One battle, which had no real effect onthe out come of the Revolutionary War. Had he not escaped he would have been Hung. Now we have two (or more) Wars going on and the course they take is dependent on WHO is POTUS on Jan 20th.By rigging the election for one party are they not possibly effecting the Outcomes?
WE send envoys to other countries to monitor and stop such undue influence and Yet WE are unable to guarantee our Own.
If WE are to help others build a true democracy, mustn’t We be the ones to Lead by example?
Begin to finally call thise criminality What it Is..TREASON. It not only Goes against our Foundig Doctrine, it has a real effect on the Future Outcome of Our Nation.There is NO HIGHER CRIME.this is a Serious Crime, it deserves a Serious Punishment.
And should ANY AG fail to prosecute, they too should be considered in Collusion.
This is not funny, cute or cleaver, It’s utterly UNAMERICAN
JUST HANG ONE AND THIS WILL STOP!

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By thebeerdoctor, October 29, 2008 at 3:48 am #

If you support the Democrats it is to best hope for an overwhelming victory, that will leave no doubt about an electoral mandate.

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By Shenonymous, October 29, 2008 at 3:40 am #

The battle ground is set, the voting booth.  From all that is heard on the news media, Obama is going to win big although some of the states Bush won in 2004 are moving to the Democratic camp while others are still red.  It is going to be an eyeopener and one for watchful eyes.  We will see if might makes right (as in right -wing)! or if the will of the people wins for a change.

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