Election Attorney Paul Lehto Blames Registrar Mikel Haas's Administration of Election, Refusal to Properly Count Paper Ballots for Discrepancy
Says, 'Abuse of Discretion' Improperly Delayed Count of Paper Ballots, Creates 'Second Class Ballots, Voters'
By Brad Friedman on 11/10/2006, 12:43pm PT  

This just in from attorney Paul Lehto concerning the People's Republic of San Diego, where one of the country's most irresponsible Registrar of Voters, Mikel Haas, defied the California Secretary of State by refusing to count paper ballots as "normal ballots" on Election Night.

Lehto says Exit Polling data commissioned from Zogby International shows a '6-Point Distortion' from the "results" as so far announced by Haas's office in the Francine Busby/Brian Bilbray U.S. House election in California's 50th Congressional district.

The complete results of the Zogby polling is available for download here [PDF].

NOTE: Busby (D) has appropriately refused to concede the race against her opponent Bilbray (R) until all votes have been properly counted. As of this moment, the San Diego County Registrar's website shows "100%" of precincts reporting despite thousands of uncounted paper ballots, absentee ballots and provisional ballots. Those "results" show Bilbray leading Busby 53% to 43%.

In fact, however, given Haas's defiance of the California Secretary of State's order to provide an adequate number of paper ballots for all voters who, in California, may vote by paper for any reason if they wish, coupled with his irresonsible --- and likely illegal --- decision to send all of the county's pre-programmed, election-ready, hackable Diebold touch-screen voting systems home on "sleepovers" with pollworkers for a full three weeks prior to the election, it is literally impossible for there to be any confidence in any of the reported "results" as announced for any election this year in San Diego. The county's elections are now officially and wholly corrupted by Haas's abominable and disgraceful election administration, fed by his apparent loathing of voters and democracy.

ALSO NOTE: The VelvetRevolution.us Election Strike Force, of which The BRAD BLOG is a co-founder, contributed to the funding of this Zogby poll. Please consider donating to VR in support of such efforts!

Lehto's press release follows in full...

FOR IMMEDIATE RELEASE - NOVEMBER 10, 2006
Contact: Paul Lehto, Esq., 425.422.1387

CA 50 EXIT POLL ESTIMATES 6-POINT DISTORTION ENABLED BY REGISTRAR’S ABUSE OF DISCRETION

Haas’ Decision To Delay Paper Ballot Count
Artificially Inflates Votes For Republican

November 10, 2006 San Diego, CA – Attorney Paul Lehto, a national expert on election integrity, today released the results of an independent Zogby exit poll of voters in the November 7 election in California’s 50th District. The exit poll shows the race much tighter than the results published by the San Diego Registrar of Voters as of the day after the election, six percentage points closer. Moreover, after adjustment for an oversampling of Bilbray voters, the adjusted poll shows Democrat Francine Busby well within the margin of error, making the race uncertain in actual outcome. Paper based votes yet to be counted favor Francine Busby, such as paper ballots obtained at the polls, which constitute 6.4% of all voters and favor Busby 58% to 39%.

The poll also contains important findings about the relationship between different forms of voting and voter demographics, revealing a tendency for Democrats to use paper ballots versus other forms of voting such as electronic machines. In violation of state and federal law, and despite lawsuits filed to stop the process, San Diego Registrar of Voters Mikel Haas delayed the paper ballot count for paper ballots obtained at the polls by fully qualified voters, preferring to have other forms of ballots have been counted preferentially first, attempting to justify this second class service to paper-based voters by stating “this is an electronic election” when in fact the public is legally allowed a choice of either technology.

In a midterm election marked by concerns about the security and integrity of electronic voting, the delay essentially eliminates paper ballots from the early results typically publicized on election night, and thus eliminates Democratic votes from the consideration of what the election means for candidates, for the public, and for the perceived competitiveness of districts for several news cycles if not permanently, and therefore leads to distorted news headlines and interpretations. This can only be avoided if the media realizes that in situations where choices of voting technology are available, it is becoming increasingly common for voters of different parties to prefer different technologies.

According to Lehto, “Mr. Haas’ abuse of discretion stems from the current nationwide bias by election officials toward electronic voting which, in San Diego’s case, skewed election day results toward the Republican candidate. The resulting bias in media coverage caused irreparable harm to the other candidates. This preference flies in the face of serving actual voters, which the Zogby poll establishes that over 80% of them prefer a voting system based on the ability of the public to witness and observe vote counting (like paper balloting) and not one based on invisible electrons and trade secrecy (touch screen voting). Delaying the count for one class of voters that’s more Democratic but not for another class that’s more Republican also creates 'second class ballots' and 'second class voters' who don’t get considered by the media and politicians on election night and the day after, which is outrageous and unconstitutional. It is very clear in the law that each voter is entitled to 'equal dignity' under the Constitution.”

Given the deep mistrust of electronic voting by people across the country, the Registrar’s office had ample reason to anticipate that many San Diego voters would reject electronic voting. In fact, the exit poll shows that 12.7% either had a problem in voting or know someone who did, a very high percentage for what should be a simple process that’s been practiced for centuries. In fact, media coverage before the election cited Haas’s admission that an insufficient number of absentee ballots were printed. Poll worker training was reportedly focused on electronic voting, and Haas imposed an arbitrary limit on the number of paper ballots available, despite widespread reports of problems with electronic voting machines. In other jurisdictions, such as Maryland, problems with Diebold voting systems created chaos during the September 12 primary and led the governor to push to scrap electronic voting.

In a related development, a petition which names Haas as respondent alleges violations of due process and equal rights in voting in a case called Peterson v. Haas. (Ed Note: Details on that complaint here and here.) By limiting the number of paper ballots available and delaying the count of paper ballots, Haas violated requirements issued by Secretary of State Bruce McPherson. McPherson had issued a letter on October 3 to all county registrars which provides that all county officials shall have an adequate supply of paper ballots available at the voting locations for use in the event of a loss of the ability to use electronic equipment, or if a voter chooses not to vote on electronic equipment. Haas failed to do so even after clear evidence of failure presented itself, preferring instead to “transfer” votes from photocopies to official ballots after being voted by voters, a process voters certainly never agreed to, and which violates laws preventing third parties from assisting voters with voting unless necessary. It is unknown how many mistakes or intentional errors were made in transferring the voters’ votes onto new ballots.

## END ##