January 7, 2005

January 6 Actions Against Election Fraud
Free and Fair Elections NOW! — Statement of the U.S. Marxist-Leninist Organization, January 6, 2005
We Do Not Concede — Report and photos

Congress Certifies Fraudulent Vote
Representative Tubbs Jones and Senator Boxer Challenge Ohio Vote

Representative Tubbs Jones Challenge Ohio Vote
Boxer Stands as Lone Senator Rejecting Certification of the Vote

Free and Fair Elections NOW!

— Statement of the U.S. Marxist-Leninist Organization, January 6, 2005 —

The demand across the country is clear and growing—free and fair elections now. We want them here, we want them now and we will not concede. Whether first-time voters and workers for voter registration, whether independents and activists, whether Democrat or Republican, everyone, everywhere, are together demanding that the government render account to the people for their complete failure to deliver free and fair elections. The Bush government is not legitimate, the elections are not legitimate, and we the people demand elections where our votes actually decide the outcome.

Since November 3, actions across the country, south and west, north and east, have seen a broad range of people uniting to reject the fraud of U.S. elections. The evidence of 2004 election fraud of all kinds is increasing daily. It is being documented not only by the voters themselves, but also by precinct and county election officials. It is not only in Ohio, but California, Florida, Illinois, New Mexico, Nevada, Oklahoma, Pennsylvania, Texas, every state. It is not only that computer programs were rigged to miscount the vote and machines tampered with after the vote, but also the many voters blocked from registering, those forced to receive provisional ballots that were then not counted, the many voters denied access, whose ballots were spoiled, and who were intimidated and given false information about polling places and voting rights. All of these crimes by government exclude national minorities at far higher rates—something everyone is also rejecting as completely unacceptable.

The reality the many actions, the dozens of webpages, the networks, coalitions and numerous other collectives taking up struggle in towns and cities nationwide all show is that U.S. elections are not fair, are not free in any way and most definitely do not represent the will of the people. And this is the heart of what people are demanding—elections where their will, their solutions, their stand against war and in support of the world’s people is represented.

The U.S. Marxist-Leninist Organization salutes all those engaged in these battles and here today, January 6th to hold Congress accountable—not to their careers, not to the Democrats or Republicans, not to the system of party governance that insures these frauds, but to the demand of the people to REJECT the VOTE and deliver free and fair elections now.

The U.S. government is going around the world proclaiming free and fair elections as the linchpin of democracy. It says they will have them in Iraq. It claims Haiti’s elections were not free and fair and used this as their excuse to forcibly remove elected President Jean Bertrand Aristide from office and occupy that country. It supports free and fair elections in the Ukraine but cannot deliver them here.

It is clear that the existing electoral system is unacceptable and must be changed. It is equally clear that the only force able to bring this change about is the people themselves. Through boldly stepping up the struggle to defend the rights of all, people are building up their unity and finding the means to empower themselves—to take matters into their own hands, together discuss problems and take up solutions. These actions on the elections are a vibrant example of the significance of advancing the fight for rights and taking the stand that we do not accept what is not acceptable. We do not accept war President Bush, we do not accept the war in Iraq, we do not accept torture, we do not accept indefinite detentions, we do not accept government impunity and racism of all kinds, we do not accept election fraud, we do not accept any attacks on rights.

There is no doubt that Bush does represent the U.S. ruling circles and their desperation to win world empire at any cost, using force and committing any crime to keep the ship of U.S.-style democracy from sinking. The actions demanding accountability on the elections are serving to rock the boat of U.S. democracy and make it difficult for the U.S. rulers to further impose their reaction here and worldwide. Their significance lies precisely in the fact that the consciousness that U.S. elections are not free and fair is exposing this system for the Titanic that it is and sharpening the necessity to escape disaster through building our own life-rafts and ships that we together build and steer toward progress.

January 6 Actions Against Election Fraud

We Do Not Concede

In a spirited action by hundreds of people from across the country, protesters rejected election fraud and demanded that Congress refuse to certify the Presidential election until all votes are counted. Taking action while Congress was meeting to certify the vote, demonstrators emphasized that even if Congress accepts fraud, they will continue to step up the fight for voting rights and democracy. Chants of "Count All the Votes! Recount Ohio! Recount the Nation! We Do Not Concede!" echoed down Pennsylvania Avenue as demonstrators marched from a rally at the White House to join one at the Capitol. People came from Texas and Florida, California and Oregon, Ohio and Michigan, New York and Pennsylvania, Washington D.C. and elsewhere to say they do not accept the fraud of U.S. elections and will not rest until change is won.

Speakers documented the widespread election fraud in just Ohio, where facts show that a recount or revote very likely would change the outcome of the presidential election. They also spoke in detail to fraud in New Mexico, Florida, Pennsylvania and elsewhere. Their facts and experience echoed the 57,000 complaints by voters concerning fraud, intimidation and other irregularities to the House Judiciary Committee, the more than 400,000 complaints sent in to voter hotlines, and the hundreds who have testified and provided affidavits of the many crimes of electoral fraud before, during and after the elections.

The spirit of the protesters also represented the enthusiasm seen in numerous actions nationwide since November 2nd. Signs and chants showed that there is broad unity on the fact that U.S. elections are not free or fair. Banners said, "U.S. Democracy is a Fraud," "We Demand Real Democracy," "Free Elections in Iraq? What About the U.S.?" One of the speakers emphasized that one of the greatest dangers facing the country is the myth that there is a democracy. "We have to create it and build it ourselves," he said to wide applause. Others expressed their experience of being long-time believers in the existing set-up and now recognizing that it is clear that neither the Democrats nor the Republicans will stand on behalf of the people and defend the right to vote. They too emphasized the need to carry forward the fight for an electoral set-up that favors the people.

Representing a broad spectrum of views and concerns, all were united on the necessity to fight for a democracy where their votes count in deciding the outcome. Everyone also remained adamant that the protesters, as representatives of the people, rejected the vote and raised their call to "Recount, Revote or Revolt!"

Cheers went up through out the crowd when it was announced that Senator Barbara Boxer and Ohio Representative Stephanie Tubbs Jones stood up in Congress to challenge the Ohio Electoral College vote. Both withstood tremendous pressure from the Democratic Party and Senator John Kerry not to challenge the vote. They cited the many voting irregularities and as Tubbs Jones put it, "In order to prevent our voices from being kept silent, it is imperative that we object to the counting of Ohio's electoral votes and debate the issue of Ohio's voting improprieties." Representative John Conyers and the Congressional Black Caucus organized other members of the House to also join in support of the challenge and in voting no to certification. (see Congress Certifies Fraudulent Vote, vote p.1)

While applauding Boxer and Tubbs Jones for their stand, protesters recognized the great significance of growingbattle for voting rights. It stands today as a key focus of the developing movement for change. Everyone can sense that this is a fight that is shaking the ruling circles and making it more difficult for them to carry forward with their brutal assault on the people abroad and at home. It is also one that is broadly uniting people in the fight to affirm their rights, as voters and decision-makers. While Congress voted to certify George W. Bush as president, protesters proclaimed, "We Do Not Concede!"



Congress Certifies Fraudulent Vote

Representative Tubbs Jones and Senator Boxer Challenge Ohio Vote

On January 6, 2005, the Congress met in joint session to certify the presidential election. This certification by Congress is actually what decides the outcome of the vote — not the people, not the votes themselves, not the state electoral college votes, not the Supreme Court, but the joint session of Congress following the elections.

At the session, the results of each state's electoral college vote are submitted to Congress for certification. To challenge the vote from any one state requires that both a representative and a senator join in the challenge. This year, in the face of tremendous pressure from both the Democratic and Republican parties, two women, Representative Stephanie Tubbs Jones of Ohio and Senator Barbara Boxer of California stood up in Congress to challenge the vote from Ohio. Their courage was widely applauded by all those defending voting rights.

Still fresh in voters' minds was the refusal in 2000, by every senator, to challenge the Florida vote, a refusal led by led by Democratic candidate Al Gore. Many African American representatives demanded a challenge but not one senator joined in. This time, with voters more conscious of the significance of the Congressional vote, concerted organizing efforts took place to demand that Congress be accountable to the voters, not the parties, and refuse to certify election fraud. These included non-stop actions south, west, north and east rejecting the vote as well as phone calls, e-mails and faxes to senators demanding that they not certify the vote. It is this growing struggle that gave Representative Tubbs Jones and Senator Boxer the courage to stand up and challenge the Ohio vote. The two were also supported by on-going efforts by Representative John Conyers, African American from Detroit, Michigan and the Congressional Black Caucus, calling for vote fraud to be investigated.

Both Boxer and Tubbs Jones emphasized the numerous examples of fraud and election irregularities that occurred in Ohio and demanded serious debate and investigation by Congress. Both refused to be silenced and submit to the demands of both parties that whatever fraud exists, everyone should "get over it," as one representative from Florida put it. As Tubbs Jones said, "I raise this objection because I am convinced that we as a body must conduct a formal and legitimate debate about election irregularities. I raise this objection to debate the process and protect the integrity of the true will of the people." Boxer emphasized the need to fight for "electoral justice," saying everyone "should be guaranteed that their vote matters, that their vote is counted," and that "in the voting booths, everyone is equal." She also spoke to the growing illegitimacy of U.S.-style democracy. She said, "As we try to [bring democracy to every corner of the world] and as we are shedding the blood of our military to this end, we must realize that we lose so much credibility when our own electoral system needs so much improvement." Both Boxer and Tubbs Jones refused to join the call of the people for a recount, in Ohio and nationwide, and said they did not challenge the election outcome. Both of them did call for electoral reform. They and others are expected to introduce legislation in the coming year.

Following the challenge by Tubbs Jones and Boxer, the House and Senate recessed their joint session and held separate sessions on the election fraud in Ohio. The sessions can hardly be considered serious debate however, as they centered not on the rights of voters and how these were violated, but on the assertion that an investigation was uncalled for as it would not change the outcome of the election. Boxer stood alone among Senators in voting against certification, with the vote being 74-1. In the House the vote was 267-31. Democratic presidential candidate Senator John Kerry was not even present for the vote, choosing instead to travel to Baghdad to visit U.S. troops occupying Iraq. Kerry did concede that eligible voters were denied the right to vote—itself a crime—but refused to join the challenge. Clearly representing the Democratic party and not the rights of voters, he said, "Despite widespread reports of irregularities, questionable practices by some election officials and instances of lawful voters being denied the right to vote, our legal teams on the ground have found no evidence that would change the outcome of the election."

Those following the growing documentation of election fraud are well-aware of the ample evidence that a recount or revote would change the outcome. Investigation in just three Ohio counties, for example, has shown that if spoiled ballots and provisional ballots were counted, the outcome would be different. If the votes of all those denied the right to vote through numerous other means were also counted, the outcome would also likely favor Kerry. The fact that he and the Democrats are certifying the vote despite these facts is an indication that they fear the outcome of a nationwide recount. They recognize that such an action would put the whole system on trial, serving to strengthen the growing movement of all those rejecting the fraud of U.S. elections and demanding change, while also intensifying the brutal fighting within the ruling circles themselves. The question now is whether efforts by Democrats to push forward reforms will stem the growing tide of rejection of U.S.-style democracy, here and abroad. And what will be the place of poeple like Barabara Boxer in these battles.

It is also no accident that the monopoly media presented the certification vote by Congress as "ceremonial" and insignificant when it is decisive in actually deciding the presidency. Consistent with their silence on the election fraud, they too are striving to block the drive of the people to have their votes and their will be decisive in deciding elections.

Congresswoman Tubbs Jones Objects to Certification of Ohio Votes

Congresswoman Stephanie Tubbs Jones, along with Senator Barbara Boxer entered a formal objection to the certification of the State of Ohio's Electoral Votes on January 6. Her prepared floor statement, in part, was as follows:

"I, Stephanie Tubbs Jones, a representative from Ohio, and Ms. Boxer, a Senator from California, object to the counting of the electoral votes of the State of Ohio on the ground that they were not, under all of the known circumstances, regularly given.

"I, thank God, that I have a Senator joining me in this objection. I appreciate Senator Boxer's willingness to listen to the plight of hundreds and even thousands of Ohio voters that for a variety of reasons were denied the right to vote. Unfortunately, objecting to the electoral votes from Ohio is the only immediate avenue to bring these issues to light.

"While some have called our cause foolish, I can assure you that my parents, Mary and Andrew Tubbs, did not raise any fools, and as a lawyer, former judge and prosecutor, I am duty bound to follow the law and apply the law to the facts as I find them.

"It is on behalf of those millions of Americans who believe in and value our democratic process and the right to vote that I put forth this objection today. If they are willing to stand at the polls for countless hours in the rain as many did in Ohio, then I can surely stand up for them here in the halls of Congress.

"This objection does not have at its root the hope or even the hint of overturning or challenging the victory of the President; but it is a necessary, timely and appropriate opportunity to review and remedy the most precious process in our democracy.

"I raise this objection neither to put the nation in the turmoil of a proposed overturned election nor to provide cannon fodder or partisan demagoguery for my fellow Republican Members of Congress.

"I raise this objection because I am convinced that we as a body must conduct a formal and legitimate debate about election irregularities. I raise this objection to debate the process and protect the integrity of the true will of the people.

"Again, I thank Senator Boxer for joining me in this objection to the counting of Ohio's electoral votes due to the considerable number of voting irregularities that transpired in my home state.

"There are serious allegations in two lawsuits pending in Ohio that debate the constitutionality of the denial of provisional ballots to voters (The Sandusky County Democratic Party v. J. Kenneth Blackwell) and Ohio's vote recount (Yost v. David Cobb, et al.). These legitimate questions brought forward by the lawsuits, which go to the core of our voting and Democratic process, should be resolved before Ohio's electoral votes are certified.

"Moreover, as you are aware, advancing legislative initiatives is more challenging when you are in the minority party in Congress. However, this challenge is multiplied when you are in the minority in the House of Representatives because of House rules, compared to Senate rules.

"Voting irregularities were an issue after the 2000 presidential election, when Democratic House initiatives relating to election reform were not considered.

"Therefore, in order to prevent our voices from being kept silent, it is imperative that we object to the counting of Ohio's electoral votes and debate the issue of Ohio's voting improprieties.

"There are just over 1 million registered voters in Cuyahoga County — which of course includes the Greater Cleveland area and the 11th Congressional District which I represent. Registration increased approximately 10 percent.

"The beauty of the 2004 election was that more people were fully prepared to exercise their right to vote — however on Election Day hundreds and even thousands of individuals went to the voting polls and were denied the opportunity to have their vote count.

"In my own county where citizen volunteers put forth a Herculean effort to register, educate, mobilize and protect the vote there were people who experienced irregularities.

"Poor and minority communities had disproportionately long waits — 4 to 5 hour waits were widespread. Election Protection Coalition testified that more than half of the complaints about long lines they received "came from Columbus and Cleveland where a huge proportion of the state's Democratic voters live. One entire polling place in Cuyahoga County (Greater Cleveland) had to "shut down" at 9:25 a.m. on Election Day because there were no working machines.

"Cuyahoga County had an overall provisional ballot rejection rate of 32 percent. Rejection rates for provisional ballots in African American precincts/wards in Cleveland, Ohio averaged 37 percent and ranged as high as 51 percent.

"Thousands of partisan challengers — concentrated in Cuyahoga County's minority and Democratic communities — effectively served to intimidate voters and confuse poll workers. There were both inconsistent and illegal requests for photo identification.

"There were problems with absentee ballots including incorrect information provided to voters by the Secretary of State and, consequently, the Cuyahoga County Board of Elections telling voters they could not vote in their precinct — effectively disenfranchising hundreds and more likely thousands of voters.

"This objection points out the inadequacy of a great election system which permits 50 Secretaries of State to administer a federal election and impose so many different state laws regulating the election.

"In Ohio, the Secretary of State Kenneth Blackwell, who served as Co-Chair of the Bush re-election campaign, issued a bizarre series of directives in the days preceding the 2004 Presidential election that created tremendous confusion among voters in Cuyahoga County and across the state of Ohio.

"For example; on September 7, 2004, Secretary Blackwell issued a directive to local boards of elections mandating rejection of voter registration forms based on their paperweight — 80lb text weight. Mr. Blackwell's issuance of this directive — which he ultimately reversed by September 28, 2004 — resulted in serious confusion and chaos among the counties and voters.

"My objection points to the need to implement across this nation standards that apply to all states. We need to enact legislation that will:

• Allow all voters to vote early — so that obligations of employment and family will not interfere with the ability to cast a vote

• Establish a national holiday — Election Day — to bring attention to the importance of the vote.

• Require those who work in the voting booth to be fairly compensated, adequately educated and sufficiently supported such that the job importance will be elevated.

• That will provide equipment — whether it is the traditional punch card or the more modern electronic machines that are properly calibrated, fully tested for accuracy and provide a paper trial to ensure a verifiable audit of every vote.

"What happened in Ohio may well have been repeated in counties across this country. Yet that is no excuse for us to push the irregularities behind us and go on with the business of the day. These incidents are a call for us to clean up, clear up and implement policies and procedures that will protect each citizen's precious right to vote.

"If in fact we see it is our obligation to secure democracy around the world to monitor and oversee ree and fair elections in other countries surely we must ensure, protect and guarantee the right to vote right here at home."

Boxer Stands as Lone Senator Rejecting Certification of the Vote

Voice of Revolution is printing below Senator Barbara Boxer's statement to Congress challenging the Electoral College vote from Ohio.

* * *

For most of us in the Senate and the House, we have spent our lives fighting for things we believe in always fighting to make our nation better.

We have fought for social justice. We have fought for economic justice. We have fought for environmental justice. We have fought for criminal justice.

Now we must add a new fight -- the fight for electoral justice.

Every citizen of this country who is registered to vote should be guaranteed that their vote matters, that their vote is counted, and that in the voting booth of their community, their vote has as much weight as the vote of any Senator, any Congressperson, any President, any cabinet member, or any CEO of any Fortune 500 Corporation.

I am sure that every one of my colleagues -- Democrat, Republican, and Independent -- agrees with that statement. That in the voting booth, everyone is equal.

So now it seems to me that under the Constitution of the United States, which guarantees the right to vote, we must ask:

Why did voters in Ohio wait hours in the rain to vote? Why were voters at Kenyan College, for example, made to wait in line until nearly 4 a.m. to vote because there were only two machines for 1300 voters?

Why did poor and predominantly African-American communities have disproportionately long waits?

Why in Franklin County did election officials only use 2,798 machines when they said they needed 5,000? Why did they hold back 68 machines in warehouses? Why were 42 of those machines in predominantly African-American districts?

Why, in the Columbus area alone, did an estimated 5,000 to 10,000 voters leave polling places, out of frustration, without having voted? How many more never bothered to vote after they heard about this?

Why is it when 638 people voted at a precinct in Franklin County, a voting machine awarded 4,258 extra votes to George Bush. Thankfully, they fixed it _ but how many other votes did the computers get wrong?

Why did Franklin County officials reduce the number of electronic voting machines in downtown precincts, while adding them in the suburbs? This also led to long lines.

In Cleveland, why were there thousands of provisional ballots disqualified after poll workers gave faulty instructions to voters?

Because of this, and voting irregularities in so many other places, I am joining with Congresswoman Stephanie Tubbs Jones to cast the light of truth on a flawed system which must be fixed now.

Our democracy is the centerpiece of who we are as a nation. And it is the fondest hope of all Americans that we can help bring democracy to every corner of the world.

As we try to do that, and as we are shedding the blood of our military to this end, we must realize that we lose so much credibility when our own electoral system needs so much improvement.

Yet, in the past four years, this Congress has not done everything it should to give confidence to all of our people that their votes matter.

After passing the Help America Vote Act, nothing more was done.

A year ago, Senators Graham, Clinton and I introduced legislation that would have required that electronic voting systems provide a paper record to verify a vote. That paper trail would be stored in a secure ballot box and invaluable in case of a recount.

There is no reason why the Senate should not have taken up and passed that bill. At the very least, a hearing should have been held. But it never happened.

Before I close, I want to thank my colleague from the House, Congresswoman Stephanie Tubbs Jones.

Her letter to me asking for my intervention was substantive and compelling.

As I wrote to her, I was particularly moved by her point that it is virtually impossible to get official House consideration of the whole issue of election reform, including these irregularities.

The Congresswoman has tremendous respect in her state of Ohio, which is at the center of this fight.

Congresswoman Stephanie Tubbs Jones was a judge for 10 years. She was a prosecutor for 8 years. She was inducted into the Women's Hall of Fame in 2002.

I am proud to stand with her in filing this objection.


Voice of Revolution
Publication of the U.S. Marxist-Leninist Organization

USMLO • 3942 N. Central Ave. • Chicago, IL 60634
www.usmlo.orgoffice@usmlo.org