Election Reform 2002

News clips  (more clips on the election in archives)

Election coalition calls for Miami-Dade citizen oversight panel
MIAMI — Civil rights and watchdog groups called Monday for a civilian panel to supervise Miami-Dade County's elections and said citizens should also replace county employees as poll workers. 11/26/02

Civilians should run, oversee Dade elections, group says
Miami-Dade County should return to staffing voting polls with volunteers rather than government employees, end police involvement in running elections and appoint an advisory panel to oversee the Elections Department, a community coalition said Monday. 11/26/02

Elections office purge continues
Elections Supervisor Miriam Oliphant gave no reason for the dismissal. A second employee has been ousted from her job with Broward Supervisor of Elections Miriam Oliphant's office as a result of the Nov. 15 audit of Oliphant's spending and office management.  11/26/02

Oliphant fires purchasing agent who did business with son's firm - FORT LAUDERDALE · An elections office employee who did business with a company owned by her son was fired on Monday by Elections Supervisor Miriam Oliphant.
June Lewis was among a group of employees who received double- digit raises while others saw their salaries stay the same or diminish.
Lewis was purchasing agent when the office contracted with a company owned by her son, a violation of state nepotism laws.  11/26/02

Term limits turn loose the rookies
Term limits exacerbate the problem of a few people deciding all the important issues each year. 11/24

Poll worker plan triggers controversy
Duval County Democratic leaders crashed the election chief's announcement of at least 48 private companies and groups helping run polling places, assailing the plan for having too few minority-owned firms. 10/9/02

Broward elections chief filled top jobs with inexperienced friends
In the months before September's primary debacle, Broward County Elections Supervisor Miriam Oliphant filled her office's top jobs with friends and political associates who had virtually no experience running an election. 10/9/02

Union claims 4 on elections panel biased
The FEA argues that the panelists' GOP ties disqualify them from hearing its McBride-related case. 10/8/02

Ex-secretary of state profits from counties' touchscreen buys-- MIAMI — A former Florida secretary of state profited by being a lobbyist for both the state's counties and the company that sold some of them touchscreen voting machines used in last month's botched primary election.- 
Sandra Mortham, who served as the state's top elections official from 1995 to 1999, is a lobbyist for both Election Systems & Software and the Florida Association of Counties, which exclusively endorsed the company's touchscreen machines in return for a commission.- 
Mortham received a commission from ES&S for every county that bought its touchscreen machines. The exact terms have not been disclosed. 10/8/02

FEC asked to disqualify 4 Republicans 
TALLAHASSEE -- A lawyer for the teachers union that aired television ads supporting Bill McBride for governor filed requests with the Florida Elections Commission Thursday asking that four of its members with GOP ties be disqualified from participating in the case.-
The commission overrode the panel's legal advisers at its Aug. 15 meeting and ordered an investigation into the ads, as requested by the Republican Party, to see whether the union and McBride broke any laws. The commission's executive director had already found that the ads were legal under recent court rulings.- 
Ron Meyer, who represents the Florida Education Association's Quality Public Education Corporation, asked the commission to prevent Richard Heffley, David Rancourt, Courtney Cunningham and Michelle Springer from participating in further hearings regarding the ads. 10/4/02

Impartiality of elections commissioners questioned
TALLAHASSEE — As the Florida Elections Commission investigates whether ads for Democrat Bill McBride for governor were legal, Democrats are questioning whether some Republicans on the panel are too close to the party to be fair. 9/28/02

Elections commission may subpoena McBride over ads
TALLAHASSEE — A citizen panel that investigates election complaints sent a subpoena Thursday to Democratic gubernatorial candidate Bill McBride's campaign seeking information about pro-McBride ads paid for by the state's teachers union. 9/27/02

Miami-Dade OKs independent election monitors-- MIAMI · Hoping to reassure voters and the nation that local officials are capable of properly running the polls on Election Day, Miami- Dade County commissioners voted Thursday to bring in an independent, non-partisan group to monitor the Nov. 5 elections.-- 
By a 6-2 vote, county commissioners agreed to ask the Center for Democracy, a non-profit organization in Washington D.C. that has observed elections in El Salvador, the Philippines, Poland and Russia, to come to Miami-Dade. If that group is not available, another would be sought. 9/27/02

Disabled voters sue Broward, charge obstacles made it difficult to cast ballots - Disabled voters who claim physical barriers and poorly trained poll workers made it difficult for them to cast their ballots during the September primary filed a federal lawsuit against Broward County’s supervisor of elections on Wednesday, asking the courts to intervene and ensure the November election runs smoothly. 9/26/02

WTSP's debate snub
A media watchdog group reports that local CBS affiliate WTSP-TV Ch. 10 has earned more from political advertising this year than any other station in the Tampa-St. Petersburg market. You'd think a station that lauds itself as "one of the best-performing CBS affiliates in the country" could sacrifice every now and then when an important public debate dwarfs its own commercial interests. WTSP had that chance this week, but declined to bump the premiere of 48 Hours Investigates to air the first gubernatorial debate between Jeb Bush and Bill McBride. 9/26/02

Ex-Felons And Election Reform - I n an effort to purge Florida voting lists of ex-felons who had registered illegally, at least 1,100 eligible voters were wrongly purged from the rolls before the 2000 election. Many of them had no criminal record and were shocked when they showed up to vote and were told they couldn't.-- 
Although Florida election officials contended they had the problem under control with a new database, in June the U.S. Justice Department ordered the state to delay any purges of suspected felons from local voter lists. As a result, many ex-felons who registered to vote without getting the proper clearance voted in the Sept. 10 primary, and the order may well extend to November's general election. 9/22/02

Miami-Dade mayor hires crisis managers to run general election
MIAMI — Miami-Dade County hired crisis managers Friday to run the November general election to avoid a repeat of its botched primary, officials said. Mayor Alex Penelas said he hired the specialists Friday evening in response to a report from the county inspector general that called the county's plans to fix its election system "insufficient and untested." 9/21/02

Primary fallout leads to Broward shakeup, allegations of race discrimination
FORT LAUDERDALE — Broward County's elections chief gave up most of her responsibilities for the general election and civil rights groups claimed thousands of minority voters had problems voting in the latest fallout from Florida's botched primary. Broward elections supervisor Miriam Oliphant, under pressure from state and local officials, including Gov. Jeb Bush, agreed Thursday to let the county commission run the Nov. 5 general election. 9/20

Broward official apologizes for voting mess
Ending a standoff, Broward County's election supervisor accepted the blame Thursday for problems with last week's primary and agreed to use up to 1,000 county workers to avoid further problems in the Nov. 5 general election. 9/20

Stop the carping
Florida doesn't need Justice Department intervention -- or more partisan sniping from either side -- as it works to ensure a well-run general election on Nov. 5. 9/20

State voters don't need Justice's election cavalry
Palm Beach Post Editorial 9/20

Florida appeals to D.C. for help with elections
TALLAHASSEE -- Amid relentless criticism from Democrats who blame Gov. Jeb Bush for last week's South Florida voting problems, Bush and the state's top elections official issued a cry for help from the federal government Wednesday. 9/19/02

Oliphant Must Accept Help
Supervisor of Elections Miriam Oliphant apparently doesn't recognize the depth of the hole she has dug for herself because of the botched Sept. 10 election. For the good of the county, and her own political future, she must allow the County Commission and county administrator to help run the Nov. 5 election 9/19/02

More problems in black precincts spur anger
By John Lantigua, Palm Beach Post Staff Writer
Just as in 2000, say black leaders, a disproportionate number of disenfranchised South Florida voters were black. 9/19/02

Reno to champion election reform as her campaign ends
MIAMI — Janet Reno's quest for the Democratic gubernatorial nomination once seemed unbeatable: she had universal name recognition from her days in Washington, a populist appeal and a homespun image formed behind the wheel of her red pickup... 9/18/02

Voting researchers see improvements in Florida elections
MIAMI — Believe it or not, the cloud hanging over the Florida Democratic gubernatorial primary has a silver lining. Undervotes and overvotes — ballots that had either no clear vote in the major race or too many — were the bugaboos of the topsy-turvy 2000 presidential election... 9/18

Against the clock: Florida's elections must reform on the fly
There is no question that Florida voters -- Democrats and Republicans alike -- were turned away from the polls last week. ... 9/18

Task force to aid Broward elections chief
By J. CHRISTOPHER HAIN, Palm Beach Post Staff Writer
Gov. Bush has requested a citizens task force aid Broward County elections supervisor Miriam Oliphant Nov. 5. ... 9/18

Voting Machines' Maker Blamed
TALLAHASSEE - With Election Systems and Software's voting machines at the center of confusion in South Florida last week, critics are again scrutinizing the company's use of well- connected lobbyists and an unusual ``kickback'' deal to woo counties to buy its touch- ... Few lobbyists were as well- positioned to help ES&S as Sandra Mortham. A former Pinellas County legislator and Bush's original choice as running mate in 1998, Mortham also oversaw the Division of Elections as Florida secretary of state six years ago. ... Mortham was also a lobbyist for the Florida Association of Counties last year when an unusual ``rebate'' arrangement drew criticism from election officials. - 
The deal gave the Florida Association of Counties a cut of ES&S sales. Critics said the plan gave county commissioners with little knowledge of voting machines a reason to choose ES&S without fully considering their quality. 9/17

Cheaper touch-screen equals system failure- It was common knowledge among Florida election officials that the million- dollar voting machines produced by elections giant Election Systems & Software were ill-suited for large, urban counties.-- 
That didn't stop price-conscious Miami-Dade and Broward counties from buying the ES&S system and putting it to its biggest public test yet in Tuesday's statewide primary.... 9/15

Broward election problems no surprise-- DADE CITY -- Pasco County Elections Supervisor Kurt Browning wasn't surprised by the election meltdown in Broward County. Nor was he surprised at the fierce criticism of rookie Broward election chief Miriam Oliphant.
"I think you'd find other supervisors would agree with me. We knew there were going to be problems in Broward," he said.
Browning said he became concerned about Broward when Oliphant began missing meetings of the election bosses from the 11 counties using ES&S machines for the first time. They got together regularly for months before the election, discussing problems and brainstorming solutions. The idea was to avoid the confusion and breakdowns that marred the state's presidential election in 2000. 9/15

Hand-count works for Union County
Sometimes, the old ways are best. Union County, for example, has had trouble-free elections dating back at least to the early 1920s as the only county in Florida that continued to hand count its ballots. But that changed this year, with a state mandate decreeing all counties use voting equipment that automatically tallies votes at each precinct and spits them back at the voter if they're filled out incorrectly. 9/15

We don't know what we're dealing with - "Forget it, Jake -- it's Chinatown."
That is the last line to the movie Chinatown...I've been thinking about Chinatown since Tuesday, when the supposedly new-and-improved Florida election process turned into another mess.
We thought we knew what we were dealing with, but believe me, we didn't.
And is there any better line than "Forget it, Jake -- it's Chinatown" to explain to the rest of the country what happened here?... 9/15

Blacks Feel Disenfranchised in Fla. -- It wasn't supposed to happen again. The state spent $32 million and counties spent millions more to train poll workers on high-tech voting systems to replace the punchcard ballots and hanging chads of the last election.
Miami-Dade County alone spent $25 million preparing for this election.
But when Christopher Edley Jr. and other members of the U.S. Civil Rights Commission visited the state in June, elections officials said they weren't ready. And Edley warned that "a disaster seemed to be in the making."
"My fear is that officials haven't taken the necessary steps to counter these traditional patterns, starving poor communities and minority communities of the resources they need for the democratic infrastructure," says Edley, a Harvard Law School professor.-- 
"The Constitution no longer permits votes to be discounted on the basis of color and class. And whether that happens by intention or by accident, it's a problem we ought to fix."... 9/14

Rule deleting some election runoffs faces review
Some lawmakers like runoffs. Others say they're a waste of money. This year they might have influenced races. 9/12

Race too close to call (5:25PM)Update - tally unchanged
Janet Reno and Bill McBride await final vote counts in Democratic gubernatorial primary.
     Bill McBride 596,472 45%
     Janet Reno 577,380 43%
     * 97% of precincts reporting    9/11/02

Anger at Jeb Bush likely to grow after voting foul-ups - TAMPA -- Florida has fouled another pivotal election, and that should make the next vote a fiery one -- virtually ensuring that all the emotions swirling around the historic election of 2000 are replayed in November. 9/11/02

Long delays leave some black voters angry and suspicious
After computer foul-ups, leaders see echoes of 2000 - South Florida's black community, still struggling to heal from the disputed 2000 presidential election, demanded answers Tuesday for the ''unconscionable'' screw-ups that caused voters in some of their precincts to wait hours before casting ballots. 9/11/02

For Some Primary Voters, Another Flori-Duh Election
TALLAHASSEE - Here we go again. Instead of dimpled chad and butterfly ballots, it was missing or confused poll-workers and finicky new voting machines ... 9/11/02

Another Florida election in doubt - TAMPA -- Bill McBride, a Tampa lawyer virtually unknown by most Floridians just six months ago, clung to a healthy but uncertain lead for the Democratic nomination for governor early today, hoping for a historic upset over Janet Reno that would pit him against Republican Gov. Jeb Bush in November. 9/11/02 

Another election day, another nightmare
Florida: The home of voting history. Of the wrong kind. In its first statewide election since the Election 2000 controversy, Florida stumbled again in Tuesday's primary balloting. Voting machine problems and ill-prepared poll workers in Miami-Dade and Broward counties kept hundreds - perhaps thousands - of voters from casting a ballot when they first showed up.

Fight to finish: Court challenge is a possibility after problems at the polls -- TALLAHASSEE -- The primary for the Democratic nomination for Florida governor that had once been predicted to be a sleepy runaway victory for Janet Reno turned into a problem-plagued, down-to-the-wire battle with Bill McBride, who is striving to pull off an extraordinary political upset.  9/11/02

Errors plague polling places, irritate voters in Broward
For the second time in two years, Broward County on Tuesday descended into election chaos.  9/11/02

Obstacles greet many residents as they head to the polls (Broward County)....Many ballots were cast without a hitch Tuesday, and voters said they liked the new touch-screen voting machines. But from morning to evening, voters from all parts of the county were reporting troubles.-- 
Some polls opened one, two, three or more hours late, because equipment or voter registration rolls were missing. Some people had to vote on paper ballots and, in some precincts, those ran out. Some were given ballots for the wrong party or were allowed to choose. Or they were allowed to vote on ballot questions for a city they didn't live in. Or they went to vote after work and were told the polls were closing.  9/11/02

Florida has another election disaster
The governor extends the time for balloting after human and machine failures prevent many from voting.  9/11/02

Bungling the first big test
County by county summary of voting problems by AP  9/11/02

"It's shameful. The state put up money - significant sums of money...
"It's shameful. The state put up money - significant sums of money - for training, for machines. ... There's no excuse for not having precinct workers in a precinct for voting, no excuse for not turning on the machines."  9/11/02

Voting chaos
Florida should have been prepared for the worst, and it wasn't.  9/11/02

Extended hours bring confusion
Palm Beach County had to notify 643 precincts to stay open until 9 p.m. Only one was apparently missed.  9/11/02

Long hours but few failures as election system runs smoothly in Palm Beach - Perhaps the biggest problem experienced in Palm Beach County, known worldwide for its starring role in the troubled 2000 presidential election, was caused by the massive errors in Broward and Miami-Dade counties. Delayed precinct openings led Gov. Jeb Bush to declare a state of emergency and issue an order Tuesday afternoon adding two voting hours statewide -- creating a chaotic scramble to keep Palm Beach County's 643 precincts open until 9 p.m.  9/11/02

Problems plague precincts: Exit of poll workers just one predicament -- Volusia-
Stella Hendricks needed her medicine and was very tired. So at 7 p.m. Tuesday, the 81- year-old Holly Hill poll worker left her post at Precinct 327 along with five other workers who didn't feel up to staying until 9 p.m., as the governor had ordered. Uncle Sam just shook his head.  9/11/02

Chaotic, close: Reno-McBride race undecided as poll problems anger voters
Bill McBride appeared close early today to pulling an upset victory over Janet Reno for the Democratic nomination for governor, although rampant polling snags in Reno's South Florida stronghold left the final tally in doubt.  9/11/02

Two years later, system still broken - Florida's rebuilt election system collapsed Tuesday in South Florida, tainting a close Democratic primary for governor and reviving images of the state that can't vote straight  9/11/02

Jones runs third, rejects notion of joining Democratic Party ticket
State Sen. Daryl Jones wrapped up his history-making run for governor Tuesday at a Kendall hotel, surrounded by a few supporters and family members whose eyes were glued to television reports that showed him in last place among Democratic primary candidates. 9/11/02

All attention turns to November
An hour after Floridians began voting Tuesday, Gov. Jeb Bush began his general election campaign by saying he didn't care which Democrat he faces Nov. 5.  9/11/02

Bush ready to take on either Democrat in November
The pregame show is over, and Jeb Bush is now standing ready at the plate. For Democrats, it's like winding up against Barry Bonds. 9/11/02

Novice leads key race for Cabinet
Miami-Dade educator David Nelson -- a library director at South Miami Middle School and an unknown in state politics -- held an early lead late Tuesday in the three-way Democratic primary for agriculture commissioner, a Cabinet post that oversees Florida's second-largest industry. 9/11/02

Crist wins GOP race for attorney general
TALLAHASSEE -- Republican Charlie Crist easily won his party's attorney general primary Tuesday, but Democrats Buddy Dyer and Scott Maddox were in a dead heat in their party's primary three hours after the polls had closed. 9/11/02

Miami-Dade appears to reject bid to repeal gay rights law - (as of 3:37AM) MIAMI -- With 87 percent of the votes counted, an effort to repeal a Miami-Dade County law that protects gay men and lesbians from discrimination was losing by a narrow margin early this morning. Fifty-three percent of votes counted were against the repeal.-- The results were hailed by gay advocates and their supporters as a victory against bigotry. But opponents of the law said they were confident that voters would eventually reject the measure, which they said was based on "fraudulent claims of discrimination."9/11/02

Malfunction causes delay in Collier vote counting - 
UPDATE — A malfunction in the new touch-screen voting machines kept Collier County officials from computing the final results of Tuesday's election. At 8:35 a.m. Wednesday there was no word from the elections supervisor's office on the status of the count this morning. 9/11/02

Text of Executive Order extending polling hours
The full text of Governor Jeb Bush's Executive Order 02-248 directing that polling places throughout the state remain open for an additional two hours beyond their regularly-scheduled closing times. 9/11/02

Gadsden voters push for more polling places
QUINCY — Activists in Gadsden County — one of the counties that had the most voting problems in 2000 — are angry that the north Florida county doesn't have more polling places, meaning many people will have long drives to vote. A group of voters and union activists said they planned a protest march Saturday to draw attention to their concern. The county, just west of Tallahassee, has 16 precincts for 25,000 voters. 9/7/02

Ready to vote: Precinct locators, ID cards for less confusion
Every 10 years, Florida's election system goes haywire. Floridians might, understandably, think that happened in the presidential election two years ago. But this year, reapportionment could make everything worse. 9/7/02

Florida elections officials deal with pre- primary glitches
TALLAHASSEE — Hanging chads are an old problem. Confusing ballots have been redesigned. But while the old system may have been faulty, some elections officials are a little jittery because the new system is, well, new. And a week away from what may be the most closely watched American election ever — not for who is running but simply to see if it works — some officials are worried that new may mean difficult. 9/5

Rep. Meek's problems at the polls reminiscent of election 2000 woes -- U.S. Rep. Carrie Meek stopped by a Miami library branch Tuesday to cast her absentee ballot for next week's primary -- only to get turned away because a county computer couldn't verify the 10-year congresswoman was an eligible voter. 9/5

Duval County, civil rights groups, reach election suit settlement - Duval County and civil rights groups have settled a lawsuit sued over widespread voting problems in the 2000 presidential election in Florida, county officials said.-- The county has agreed to replace voting machines, offer provisional ballots and add laptop computers at precincts under a settlement reached with the NAACP and four other groups 8/1/02

Let the races begin
Qualifying has closed for Florida elections, and, in far too many races, so have the voters' options. Improved election machinery doesn't mean much when a candidate, unopposed, is elected without a vote. - TALLAHASSEE -- Florida's presidential debacle produced eternal truth in a hot-selling T-shirt that said, "It's not your vote that counts, it's how your vote is counted."-- For 2002, here is a sequel: "There's no vote that counts if you have no vote to be counted." --- When it comes to electing our Legislature this fall, nearly half of us will have no vote to be counted. ---Anybody who claims Florida is a democracy is, to put it kindly, being disingenuous. 7/28/02

Controversy over state's 2000 ballots hangs on
 They were hauled across the state; counted and recounted. With leadership of the nation at stake, they were perhaps the most scrutinized pieces of paper in American history. Now Florida must decide whether to preserve them or throw them in the garbage 7/28/02

Cut Exorbitant Filing Fees - ...... Florida voters in 2000 passed a vital election reform. It lets independent and minor-party candidates qualify the same way as Democrats or Republicans, by paying the filing fee or submitting the same, smaller number of voter signatures.-
...But Florida lawmakers and voters still must make another key reform: Sharply reducing extreme qualifying fees, a huge obstacle. ...Florida has America's highest filing fees, equal to 6 percent of an official's annual salary for candidates with party labels, 4 percent for independents. Most states charge only 1 percent or 2 percent, some only $50. 7/22/02

After mock election, new voting machines continue to be criticized
The votes are in: Tiger Woods is America's best sports star, apple pie is the nation's favorite dessert, and the embarrassment over the 2000 election debacle won't end anytime soon. 7/22/02

Voters not on ballot
Palm Beach Post Editorial
Film shows why a trial run was needed.7/21/02

New voting machines won't let Palm Beach forget 2000 election 7/21/02

Judge rejects felons' voting rights suit
A U.S. judge dismisses the challenge to Florida's method for restoring rights of felons. 7/19/02

Felons lose bid to alter vote ban
A group suing the state on behalf of about 620,000 felons lost a bid Thursday to overturn Florida's 134-year-old lifetime voting ban  against convicts.7/19/02

Palm Beach County tests touchscreen voting machines
WEST PALM BEACH — Hoping to avoid a repeat of the 2000 election debacle, Palm Beach County tested the county's new touchscreen machines in a mock election Saturday. In an effort to test the county's 3,100 new touchscreen machines, 3,810 residents voted at malls and supermarkets across the county. 7/14/02

3,800 turn out for mock election
Voters in the county's mock election seemed pleased with new touch-screen technology 7/14/02

CORRECT THE VOTER ROLLS
STATE SHOULD ACCEPT SETTLEMENT The state of Florida played a big role in disfranchising hundreds of eligible voters before the presidential election in November 2000. Now it should be a willing partner in righting that wrong. Voters whose names were removed erroneously from the voter rolls mustn't be cheated twice. 7/10/02

Florida earns ‘D’ on NAACP’s election reform report card - Dissatisfied with the pace of election reform, the NAACP issued a report card on Monday branding six states with an ‘F’ and Florida with a ‘D’ for their attempts to upgrade polling practices after the marred 2000 presidential election. 7/9/02

Sheldon proposes new state elections panel
Recalling the partisan fight after Florida's 2000 presidential race, Democrat George Sheldon said Monday the state should set up a nonpartisan commission to certify future elections.7/9/02

Elections officials worry over wordy ballot
A rerun constitutional amendment aimed at ending frivolous appeals of death sentences has election supervisors considering a legal challenge of their own 7/7/02

Voting files' errors targeted-- A controversial database that led to the wrongful removal of voters from county rolls two years ago will be reprocessed in search of names that should be reinstated, under a settlement announced Tuesday in a federal voting rights lawsuit.-- It would be the first time since the contentious 2000 presidential election that the central voter files would be corrected for errors. 7/2/02

Jeff Lytle: New rules will affect the strategy in this fall's primary elections
A few things to remember as you follow the jockeying for local fall elections: In partisan races (county commissions, governor and Legislature, for example) the rules are different this year. No party runoffs. That means a candidate can earn less than a majority — normally 50 percent plus one — of his or her party's votes and still get launched into office. In a primary with two or more opponents, the victor needs only to beat them by a whisker.6/30/02

Justice Reaches Plan With Counties On Voting - ORLANDO - The Justice Department and two Florida counties reached agreements Friday over voting rights violations, ending the possibility of a protracted court battle. 6/30/02

ACLU helping Florida's ex-felons regain right to vote
APOPKA — Anthony Flowers was a long-term menace to society, with a life of violence and drugs interrupted only by stays in the penal system. Flowers, now 43, feels he's paid his debt after living seven clean years paying his taxes, attending church and raising a family. But as an ex-felon, he's lost many of his civil rights, including the right to vote. Until he gets those rights back, Flowers will wonder if he'll ever finish serving time.6/30/02

Federal scrutiny of law could let felons vote
Questioning by the U.S. Justice Department may hold up elections officials' use of a state list to purge voting rolls. 6/27/02

Voting database under fire
Federal rejection of Florida's plan to stop felons from voting doesn't mean many ex-cons will illegally cast ballots, state and local elections officials said Wednesday. 6/27/02

Elections officials: State likely won't stop felons voting
TALLAHASSEE — Florida might not be able to stop felons from voting illegally in the September primary because of federal concerns a new state law might keep legal voters from casting ballots. The U.S. Justice Department this week ordered the state to delay implementing a new law that makes local elections supervisors purge those suspected of being felons from the list of legal voters. 6/27/02

Voter-discrimination suit against state to proceed - TALLAHASSEE -- A lawsuit alleging rampant voter discrimination in Orange, Volusia and other counties during the 2000 presidential election will go to trial in Miami this August. 6/27/02

Osceola County reaches terms of settlement with DOJ
KISSIMMEE — Osceola County will avert a lawsuit by the U.S. Department of Justice by agreeing to make voting easier for Spanish-speaking citizens. Orange County this week could finish hammering out a settlement similar to Osceola's proposed agreement, which requires more bilingual poll workers and a new "facilitator" in each precinct to trouble shoot any problems, elections officials said, The Orlando Sentinel reported Thursday.6/27/02

Orange settles vote complaint
Orange County Election Supervisor Bill Cowles reached a deal with the U.S. Justice Department on Wednesday to hire more bilingual poll workers, heading off a threatened lawsuit over complaints that Spanish-speaking voters didn't get enough help in the 2000 election. 6/27/02

Felon Votes May Plague Fla. Primary
TALLAHASSEE - Florida likely will have no way to block felons from illegally voting in the Sept. 10 primary, and the problem could spill over into November's general election, officials said Tuesday. ... The U.S. Justice Department on Monday ordered the state to delay implementing a new law that compels local elections supervisors to purge those suspected of being felons from the list of legal voters.- - Hillsborough County Supervisor of Elections Pam Iorio applauded the delay, citing the example of one county resident wrongly denied the right to vote in 2000.-- Earlier this month, more than 1 1/2 years after the 2000 election, the Florida Department of Law Enforcement acknowledged it was wrong when it informed Iorio three times in 2000 and 2001 that Wallace McDonald was a convicted felon and prohibited from voting. 6/26/02

Deadlock on Florida lawsuit over 2000 election
MIAMI — The state and counties have reached a deadlock with civil rights groups who sued over the bitterly disputed 2000 presidential election, attorneys told a judge Tuesday. "As far as I'm concerned, this case is going to trial," U.S. District Judge Alan Gold told the attorneys on both sides after they told him mediation had failed. "It's disappointing, but it is what it is." 6/26/02

Voting rights lawsuit headed to trial-- A voting rights lawsuit against the state, Miami-Dade and several other counties stemming from the disputed 2000 presidential election is headed to trial later this summer after attorneys deadlocked on a settlement, a federal judge said Tuesday.6/26/02

LePore cleared in election inquiry
Palm Beach elections chief Theresa LePore did nothing corrupt or criminal. 6/26/02

Phil Lewis: More conflict than usual on election scene
Florida's newspaper editors get together once a year to exchange ideas, discuss the craft and bestow awards. This year's session was held a week ago in Cape Canaveral. Normally, a portion of the two-day conference is reserved for speeches from political leaders, who often welcome a chance to meet with editors. Last June, Janet Reno addressed the conference as she primed for her current run for governor. 6/23/02

Election reforms get more review
Some major players in Florida's 2000 post-presidential drama won't be on hand as the U.S. Commission on Civil Rights reconvenes today to assess election reforms.6/20/02

Election reforms get more review
Some major players in Florida's 2000 post-presidential drama won't be on hand as the U.S. Commission on Civil Rights reconvenes today to assess election reforms.6/20/02

Feds: Confusions, delays caused Florida 2000 election chaos
WASHINGTON — The Justice Department says confusion and delays in three Florida counties, not intentional denial of voting rights, may have led to some voters leaving the polls before they could cast their ballots in the 2000 presidential election. But the numbers of voters who walked away were too small to change the results in the state that handed George W. Bush his margin of victory, the department concluded Tuesday.5/30/02

Justice downplays voters abuse
Poll problems affected only a few Florida voters, a Justice official said.5/29/02

Orange County polls criticized
The county is the third in Florida to be notified of problems involving the federal Voting Rights Act.5/24/02

THE JUSTICE LAWSUITS
The U.S. Justice Department deserves a round of one-handed applause for its belated decision to file lawsuits in five jurisdictions alleging voting irregularities during the 2000 election.5/23/02

Probe of Florida vote needs decisive result 5/23/02

New system for finding dead and felon voters ready to go online TALLAHASSEE — State and county officials are spending the holiday weekend conducting the final test on a new system to check lists of registered voters against those of felons and dead people.
The new database matching system was required by the Legislature in the wake of the 2000 election, when several voters complained they were improperly prevented from voting because they were wrongly identified as felons. 5/25/02

Ex-felons seek voting rights - ...The ACLU has been hosting workshops throughout the state since the 2000 election, when the group received a private grant to start the workshops. The ACLU also has filed a class action lawsuit challenging how the state informs ex-felons of the clemency procedure and processes the applications. Last year the state's clemency board reported a 12,000 case backlog. 5/12/02

Voting receipts: Yes or no?
Critics of an election paper trail say such a backup system would compromise ballot secrecy.5/5/02

NPR Finally Examines Duval County's 27,000 Uncounted Votes, and Completely Misses the Point 4/23/02

To the point
The state of Florida clings to antiquated and discriminatory laws that deny ex-felons the right to vote. Lawmakers should scrap the laws; but they stubbornly refuse to do so. As a result, the commission charged with restoring ex-prisoners' rights is virtually paralyzed by a backlog of thousands of applications.

GOP's equating soft money,speech a bit disingenuous
After reading Republican Party State Chairman Al Cardenas' letter opposing the campaign-finance reform bill ("Finance-reform bill would weaken parties, shift power," Feb. 25), I had to wonder whether he is clairvoyant or just a con artist.

Ex-cons may get voting rights back faster
James Robert Minnis of Miami got into a scuffle with a customer at an auto parts store, was charged with aggravated assault and in the process lost not just his taxicab permit but also his right to vote.

Bills would aid disabled voters
One in five Americans and an even greater percentage of Floridians have some kind of disability. This makes them 20 percent less likely to register to vote, and those who do register are 15 percent less likely to participate when election day rolls around.

Voters' rights suit set for trial
State reforms are not enough to eliminate lawsuit MIAMI - A federal judge warned Friday that he intends to stay on track for a trial in August on a voter lawsuit challenging the way Florida ran the flawed November 2000 presidential election.

Chadless Florida Has Hot Races, High Profile
TAMPA - Get ready, Florida. Politics is going to put you back on the nation's center stage again. This year Floridians will see a sequel to the 2000 presidential election that made the state the butt of chad and ...

Editorial: Plan to purge voters deserves close scrutiny
The U.S. Justice Department has approved all but one part of 

Editorial: Save campaign reform
The Palm Beach Post
Republican leaders in Congress have said that disclosing donors' names is the best way to keep big money from corrupting politics. So why have they tried to give secret donors a place to hide? Last year, big majorities in both houses of Congress...

State's election reforms on hold - TALLAHASSEE -- Questions about a controversial statewide voter list have led federal authorities to delay final approval of Florida's sweeping election reform law, enacted to erase the embarrassing stigma of the 2000 presidential election.

Justice Reaches Plan With Counties On Voting - ORLANDO - The Justice Department and two Florida counties reached agreements Friday over voting rights violations, ending the possibility of a protracted court battle.

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Albanian and Russian observers sent to monitor American elections

By Andrew Gumbel

31 October 2002
The joke, during the endless presidential election recounts in Florida two years ago, was that Russia and Albania would send poll monitors to help the United States with its unexpected bump on the road to democracy. Now, the joke has become reality.

A high-level delegation of European and North American election observers – including members from Russia and Albania – arrived yesterday for a week-long mission to watch Florida's mid-term elections, which take place on Tuesday.

Their task: to see if the world's most powerful democracy has learned anything from the disastrous 36-day showdown between George Bush and Al Gore in 2000, in which the world saw every wart in Florida's deeply flawed electoral system without ever discovering for sure who had won.

Certainly, the Russians and Albanians know a thing or two about flawed, rigged or fraudulent elections. After receiving a decade of lectures from Western democracies about overhauling their own systems, they also have a good idea how to overcome them. It remains to be seen whether Florida isn't too tough a nut to crack, even for them. "Whatever else it is, it will be an experience," said a tight-lipped Ilirjan Celibashi, head of Albania's Central Electoral Committee.

Mandated by the OSCE, the Organisation for Security and Co-operation in Europe, the 10-man delegation will not be manning polling stations. However, that might not have been a bad idea, given the experience of the presidential election and the more recent Democratic primary, when voting machines again malfunctioned and hundreds of people complained of being disenfranchised.

Rather, the team will look at the broader picture of Florida's electoral laws, how they are applied, and the ways in which US practices fall short of the stringent requirements imposed on emerging democracies in Eastern Europe and elsewhere.

This is the first time international monitors have gone to the United States. The OSCE's Office for Democratic Institutions and Human Rights has been campaigning for some time to improve electoral standards in some of the older, established democracies.

http://news.independent.co.uk/world/americas/story.jsp?story=347515 
.... posted by AO, 11/1/02

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Pan Handle Voting Problems - Century Florida residents demand changes to voting procedures 

Citizens for a Better Century (Escambia County, Florida) held a press conference on Friday, October 18, 2002 at 11:30 a.m. at City Hall in Century, Florida. CBC is calling for a change to the manner in which their local elections are conducted. 

A recent election held on October 8, 2002 for city council members has sparked outraged in the small town. There are 1189 registered voters in precinct 22 and 999 registered voters in the Town of Century. Registered voters include 552 African American voters, 414 Caucasians voters and 33 other voters (unknown). Voters allege that the Town of Century clerk has violated the Florida Statutes as well as local election rules and procedures. 

CBC provided a report of findings to the Town of Century requesting that corrective action be taken by November 5, 2002. The city will hold a run-off election on November 14, 2002. Among the problems cited in the report were: 

• Failure to use the precinct register provided by the Escambia County Supervisor of Elections; • Registered voters were turned away from the polls; 
  • Lack of adherence to training provided for poll workers; 
• Inconsistent application of rules and procedures based on race; 
• Town Clerk was not available to solve problems and concerns; 
• Candidate's request to have a representative view the absentee ballot counting process was denied; and 
• Failure to maintain the integrity of the election process (Town Clerk.) 

The Town of Century operates under a charter and administers its own local election. Escambia County Supervisor of Elections provides training, equipment testing, and voter files for the city clerk but does not administer or oversee the local elections. 

The report suggests that the election process was unfair and denied many voters especially African Americans their right to vote. Appalled by the manner the election is held and fueled by the 2000 presidential election and the problems with primary election in south Florida and other areas around the state, local residents have gathered to insist that changes are made in their small town immediately. The CBC outlined the following recommendations for the Town of Century. 

• Develop and approve a resolution that will allow Escambia County Supervisor of Elections to administer, oversee and conduct all future elections held in the Town of Century; 
• Require that all election day workers abide by training provided and outlined in the poll worker trainers manual; 
• Use only voter files provided by the Escambia County Supervisor of Election; 
• Conform with all applicable Florida Statutes and Escambia County Supervisor of Elections Rules and procedures for conducting elections; 

Alfonzie Cottrell, the groups' spokesperson says "these changes are necessary to make certain all voters'rights are protected." Their concern is that the small Town of Century is virtually unknown to the rest of the state so issues here does not attract the attention received by other parts of the county or state. Therefore, their concerns may go unheard. 

Further, while no one is watching or paying attention to the election process in this small town in the northern part of Escambia County, problems will occur in the upcoming elections. The spokesperson for the group says they don't expect that many elected representatives or candidates will be knocking down their doors to assist with their complaint but with recent awareness and the obvious importance of every single vote, they are prepared to take this issue as far as necessary to ensure fair treatment. The CBC is expected to be present at the next city council meeting to make certain their voices are heard. They want the Mayor to assist in turning the administration of the election over to the county. 
...posted by AO, 10/22/02

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JEBush on Electoral Reform - a chronology

"Today we begin an important first step in addressing statewide election reform." (ABC News Nightline, December 14, 2000)

"We must make reliable and accurate the very machinery of democracy, the voting process. For 37 days last fall, Florida was thrust onto the world stage as we waited for the outcome of the presidential election. … I say let us be known as a people who are humble enough to acknowledge our shortcomings, and principled enough to seek to correct them. I ask that we dedicate the resources that are needed to modernize our voting systems and move forward with confidence into the next election cycle." (2001 State of the State Address, March 6, 2001)

"Instead of focusing on the past, we've been focusing on 2002. … We took advantage of the scrutiny the state got -- and had we not done it, shame on us." (Washington Post, May 5, 2001)

"Florida’s election process is now the envy of the nation. Last week the Legislature acted by passing comprehensive election reform that will create one of the finest election systems anywhere." (Jeb Bush Administration Press Release, May 9, 2001)

"My hope is that people will see that we have resolved the problem. … Other states ought to look at this as a model because if there is another close election in another state, I guarantee you that they will not be able to withstand the incredibly scrutiny that occurred in Florida." (CNN.com, May 9, 2001)

"With this (election reform) bill, we can stand all the scrutiny of the nation." (St. Petersburg Times, May 10, 2001)

"For a period of time, Florida was the laughingstock of late-night television. >From the confusion of the election, we have built a system that will be the envy of the nation." (South Florida Sun-Sentine, November 7, 2001)

"Florida is indisputably a national leader in election reform." (Associated Press, June 21, 2002)

"What is it with Democrats having a hard time voting? I don’t know." (Associated Press, September 10, 2002)
.... compiled by the Florida Democratic Party http://www.floridademocraticparty.com, 9/23/02

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In the world of voting machines

Voting Machines' Maker Blamed
TALLAHASSEE - With Election Systems and Software's voting machines at the center of confusion in South Florida last week, critics are again scrutinizing the company's use of well- connected lobbyists and an unusual ``kickback'' deal to woo counties to buy its touch- ... Few lobbyists were as well- positioned to help ES&S as Sandra Mortham. A former Pinellas County legislator and Bush's original choice as running mate in 1998, Mortham also oversaw the Division of Elections as Florida secretary of state six years ago. ... Mortham was also a lobbyist for the Florida Association of Counties last year when an unusual ``rebate'' arrangement drew criticism from election officials. - 
The deal gave the Florida Association of Counties a cut of ES&S sales. Critics said the plan gave county commissioners with little knowledge of voting machines a reason to choose ES&S without fully considering their quality. ...

And...

Something sent to me from last year that may provide some insight on the current fiasco....Galloway, 9/17/02 :

Pinellas delays decision on new voting machines

St. Petersburg Times; St. Petersburg, Fla.; Oct 31, 2001; LISA GREENE; DEBORAH O'NEIL; 
Pinellas delays decision on new voting machines Abstract: Stung by an 11th-hour revelation about its top bidder, the Pinellas County Commission on Tuesday delayed voting on a $15.5- million voting machine system and demanded further investigation of the two companies vying for the multimillion-dollar contract. For some contracts, that may change. Gay Lancaster, interim county administrator, said she isn't satisfied with the county's purchasing checks. "I think we'll be making changes in that area," she said. Last summer, the county decided that the companies' proposals would be publicly reviewed by a citizens committee. That decision followed the revelation that the husband of Pinellas Supervisor of Elections Deborah Clark had worked for ES&S. In Baltimore, Sequoia accepted blame and apologized for computer failures that delayed November 1999 election results. ES&S has had similar failures. In Hawaii, the state said faulty ES&S machines forced a vote recount in 1998. Last year, counties in Virginia and West Virginia said ES&S optical scan ballots were defective. Full Text: Copyright Times Publishing Co. Oct 31, 2001

Stung by an 11th-hour revelation about its top bidder, the Pinellas County Commission on Tuesday delayed voting on a $15.5- million voting machine system and demanded further investigation of the two companies vying for the multimillion-dollar contract. Chief among their concerns: Several county staffers with some knowledge ofthe problem failed to ask more questions or report what they knew to the commission. "I don't want any more surprises," Commissioner John Morroni said at Tuesday's meeting. The county learned from St. Petersburg Times reporters Monday that a key employee for Sequoia Voting Systems, the company likely to get the contract for a new Pinellas voting system, was indicted in January on conspiracy charges in a Louisiana election kickbacks scandal. That employee, Phil Foster, is awaiting trial and came to the Pinellas meeting Tuesday to proclaim his innocence.

"I decided to hold my head high and be there and available" for commissioners' questions, Foster said afterward. But commissioners didn't ask him anything. Commissioners seemed more concerned Tuesday with what else the county doesn't know about Sequoia and the other finalist, Election Systems & Software. They are worried about whether there is time to make the right choice and still try out the new voting machines in a city election in March. Staff members asked for a week to investigate, but Morroni said he's ready to wait longer, even if it means missing the March vote. elections. Pinellas staff members said Tuesday that they routinely do legal and financial checks against companies but haven't checked employees' criminal records. For some contracts, that may change. Gay Lancaster, interim county administrator, said she isn't satisfied with the county's purchasing checks. "I think we'll be making changes in that area," she said. Last summer, the county decided that the companies' proposals would be publicly reviewed by a citizens committee. That decision followed the revelation that the husband of Pinellas Supervisor of Elections Deborah Clark had worked for ES&S.

Also Tuesday, Clark said the Times incorrectly reported that she knew about Foster's legal problems. She said she knew about a voting scandal in Louisiana but didn't hear about the charges against Foster until he told her Monday. But she did not mention that when she talked about him Monday. Asked then why she didn't pass along what she knew, Clark said: "I didn't think it had anything to do with voting systems. "Other troubling information about both companies has been reported in newspapers. In Baltimore, Sequoia accepted blame and apologized for computer failures that delayed November 1999 election results. ES&S has had similar failures. In Hawaii, the state said faulty ES&S machines forced a vote recount in 1998. Last year, counties in Virginia and West Virginia said ES&S optical scan ballots were defective.- Times staff writer Thomas C. Tobin and researchers Caryn Baird, Kitty Bennett and Cathy Wos contributed to this report, which also includes information from the Baltimore Sun and Associated Press. Pinellas delays decision on new voting machines t. Petersburg Times; St. Petersburg, Fla.; Oct 31, 2001; LISA GREENE; DEBORAH O'NEIL;

Abstract:
Research Information Related to Sequoia and Phil Foster kickback allegations:
Factual basis, plea agreement in Fowler case

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
UNITED STATES OF AMERICA versus JERRY M. FOWLER
FACTUAL BASIS

From about 1991 through 1999, JERRY M. FOWLER used his position as Commissioner of Elections for the Louisiana Department of Elections and Registration to obtain illegal kickbacks from vendors who wanted to do business with the Louisiana Department of Elections and Registration. FOWLER conspired with Pasquale "Pat" Ricci and others to cause the state of Louisiana to pay inflated prices for the purchase of AVM voting machines, AVM voting machine counters, and the installation of the AVM voting machine counters. The vendors used the receipts from the inflated invoices to pay kickbacks to FOWLER. The illegal kickbacks were paid through various means including direct cash payments to FOWLER and payments on FOWLER'S behalf. FOWLER knowingly and willfully filed materially false income tax returns for the years 1996, 1997, and 1998, by not reporting any of the kickbacks as income.

FOWLER'S 1996, 1997, 1998 U.S. Individual Income Tax Returns, Forms 1040, and 1997 Amended U.S. Individual Income Return, Form 1040X, and were signed and mailed from the Middle District of Louisiana.

FOWLER'S 1996, 1997, and 1998 U.S. Individual Income Tax Returns, Forms 1040, reflect adjusted gross income of $157,949.54; $185,938.00 and $165,272.00, respectively. FOWLER'S corrected adjusted gross income including kickback income is $482,053.54; $487,891.29; and $419,312.00 in 1996, 1997, and 1998, respectively.

AVM Voting Machines

The AVM voting machine is a mechanical voting machine used by the Louisiana Department of Elections and Registration. The machines were manufactured by Automatic Voting Machines, a corporation that ceased operations during the early 1980's. In 1998, Louisiana had approximately 4,200 AVMs in use.

FOWLER and Pasquale Ricci devised a plan by which FOWLER circumvented state bid laws in the purchase of voting machine products and services. FOWLER requested that Ricci find an exclusive agent that FOWLER could declare as the sole source for buying AVM voting machines. With only a sole AVM source, FOWLER was not required to request bids and he and his co-conspirators controlled and inflated the price paid by the state for voting machines. David Philpot, owner of Birmingham, Alabama, based Election Services, Inc., agreed to the scheme proposed by FOWLER and Ricci and was declared the exclusive agent for Sequoia Pacific Voting Equipment, Inc., for AVM machines in the state of Louisiana. FOWLER declared Philpot the sole source of AVM machines even though FOWLER was aware that there were other sources from which to buy AVM machines. From 1991 through 1999, all AVM purchases by Louisiana were from Philpot's Election Services, Inc., at inflated prices.

Machine Counters

One of FOWLER'S duties as Commissioner of Elections was the purchase of voting machine counters for voting machines. Ricci, through his New Jersey based company, Independent Voting Machine Services Company, Inc., was FOWLER'S source for many voting machine parts. FOWLER wanted to make some money on these deals. FOWLER and Ricci conspired to have the state buy a large amount of counters through Ricci at inflated prices so a kickback could be made to FOWLER even though they both knew the large number of counters were not needed by the state.

To facilitate the machine counter scheme, Ricci contacted Glen Boord and Ralph Escudero, the owners of Fort Lauderdale, Florida, based, Uni-Lect, Inc., and Harold Webb, the owner of Mount Holly, New Jersey, based Garden State Elections. Ricci conspired with them and got them to participate in the inflated price scheme by charging him an inflated price for the counters so he could sell them to the state of Louisiana at inflated prices. Phil Foster facilitated the same counter scheme through David Philpot and Election Services, Inc. At all times FOWLER, Ricci, Escudero, Boord, Webb, Foster, and Philpot knew that they were using their companies to inflate prices to facilitate the payment of illegal kickbacks to FOWLER.

Installation of Counters

One of FOWLER'S duties as Commissioner of Elections was the maintenance of voting machines including the installation of parts and counters when necessary. Both FOWLER and Ricci knew state employees were skilled in installing counters and did in fact install counters. However, during the years of 1993 through 1998, FOWLER and Ricci conspired to let Ricci's company install the counters. FOWLER and Ricci always changed all counters in machines. The machines varied in size from either a 40 counter machine to a 50 counter machine. The price paid by the state for the service was greatly inflated.

FOWLER and Ricci knew that there was no legitimate reason to always change all of the counters in a machine. The counters were replaced in machines that had never exhibited any counter problems. FOWLER described the practice as a preventative maintenance program even though the true reason for the counter replacement was to generate kickbacks for FOWLER.

FOWLER'S admissions about the amount of kickbacks he received were corroborated through several means.

1. All known bank accounts of FOWLER were subpoenaed and the cash deposits to those accounts were analyzed. The annual cash deposits to FOWLER'S accounts are consistent with the $400,000 in kickbacks that FOWLER estimated that he received each year.

2. Most of FOWLER'S co-conspirators have already pled guilty in state court to paying kickbacks to FOWLER. The co-conspirators' factual bases were evaluated and the amount of kickbacks they admitted paying to FOWLER are consistent with the amount of kickbacks that FOWLER admitted receiving. Additionally these amounts are consistent with the cash deposits to FOWLER'S bank accounts.

3. In addition to the cash deposits to FOWLER'S bank accounts, FOWLER worked out a deal with Ricci to receive substantial amounts of cash that were not always deposited to his bank accounts. FOWLER introduced Ricci to bankers in North Louisiana. FOWLER, Ricci, and two bankers, at two banks, worked out a plan for Ricci to borrow money from the banks and give the money to FOWLER. At each bank Ricci borrowed $25,000.00 for a six-month term. The $25,000.00 was given to Ricci in the form of five cashier's checks payable to Ricci in the amount of $5,000.00 each. Ricci gave the five cashier's checks to FOWLER who placed them in a safety deposit box controlled by him at a financial services business in the Middle District of Louisiana. The owners of the financial services business are personal friends of FOWLER. The financial services business is a finance company whose offices are located in a former bank building. When FOWLER needed cash, he would go to the financial services business and place one of the cashier's checks in another safety deposit box which was accessible by him and the owners of the business. The owners retrieved the cashier's check from the box, converted the cashier's check to cash, and placed the cash in the safety deposit box. After one or two days, FOWLER would return to the financial services business and retrieve his $5,000 in cash. FOWLER got the cashier's checks in $5,000 increments thinking that the money would last longer rather than getting $25,000.00 all at once. Ricci borrowed $25,000.00 from each of the two banks every six months for approximately a ten-year period. FOWLER received approximately $100,000.00 per year from this single source.

FOWLER willfully and intentionally did not report the illegal kickback income on his 1996, 1997, and 1998, U.S. Individual Income Tax Returns, Forms 1040. FOWLER willfully and intentionally did not disclose his kickback income to the preparers of his 1996, 1997, and 1998, U.S. Individual Income Tax Returns, Forms 1040, because he did not want to alert them to his criminal actions. Each of the above described tax returns which FOWLER signed contained a written declaration that it was being made under penalties of perjury.

FOWLER has admitted that he knew that the kickbacks he received while he was the Commissioner of Elections should have been reported as income on his personal federal income tax returns. FOWLER further admitted that he did not report the kickback income because he did not want to report his criminal activity to the Internal Revenue Service.

This investigation disclosed that FOWLER made and subscribed to his 1996, 1997, and 1998, U.S. Individual Income Tax Returns, Forms 1040, which he knew were false as to material matters. FOWLER did not report any of the illegal kickback income in the amounts of $324,104.00; $301,953.29; and $254,040.00, for 1996, 1997, and 1998, respectively.

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
UNITED STATES OF AMERICA versus JERRY M. FOWLER

PLEA AGREEMENT

1.
The Office of the United States Attorney for the Middle District of Louisiana, through undersigned counsel, and the above-named defendant agree that the defendant will waive indictment and enter pleas of guilty to a Bill of Information, charging three (3) counts of willfully making and subscribing false tax returns, in violation of Title 26, United States Code, Section 7206 (1).

2.
The United States Attorney and the defendant agree that, if the Court accepts the guilty pleas, no additional criminal charges related to the violations contained therein will be brought against the defendant in this district.

3.
The defendant agrees to provide complete and truthful information to any law enforcement agent or attorney of the United States, and at any grand jury proceeding or trial. The defendant waives the Fifth Amendment privilege against self-incrimination. The defendant will also cooperate with the Internal Revenue Service in a good faith effort to resolve his tax liabilities. This Plea Agreement, however, is not conditioned upon any obligation of the United States to receive, or act upon, information which the defendant may now or in the future provide or stand ready to provide.

4.
The United States Attorney agrees to inform the Court of defendant's actions pursuant to this Plea Agreement. The United States, however, is not obliged, as a condition of this Plea Agreement, to file any motion with the Court either for a downward departure under Section 5K1.1 of the United States Sentencing Commission Sentencing Guidelines, or to reduce the defendant's sentence under Rule 35 of the Federal Rules of Criminal Procedure. If a motion is filed, the Court, in it's discretion, may or may not reduce the sentence below the guidelines' range otherwise applicable.

5.
Except for use in this case, and as otherwise provided herein, no truthful testimony or other information provided by the defendant, or any information derived therefrom will be used against the defendant in any criminal trial.

6.

If the defendant refuses to provide truthful information or testimony, or provides false or misleading information or testimony, he may, after a judicial finding of such, be prosecuted for any offense covered by this agreement, and all statements and information provided by the defendant may be used against him. The defendant's pleas of guilty may not be withdrawn.

7.
The defendant hereby expressly waives the right to appeal his sentence, including, but not limited to, any appeal right conferred by Title 18, United States Code, Section 3742. The defendant, however, reserves the right to appeal any punishment imposed in excess of the statutory maximum.

8.
The defendant agrees to fully and truthfully complete the Financial Statement provided to him by the Office of the United States Attorney and to return the financial statement to the undersigned Assistant United States Attorney within 10 days of this agreement being filed with the Court. Further, upon request, he agrees to provide the Office of the United States Attorney with any information or documentation in his possession regarding his financial affairs and agrees to submit to a debtor's examination when requested. The defendant agrees to provide this information whenever requested until such time any judgment or claim against him, including principal, interest, and penalties is discharged or satisfied in full. This information will be utilized to evaluate his capacity to pay the government's claim or judgment against him, whatever that claim or judgment may be. If the defendant refuses to comply with this paragraph or provides false or misleading information, he may, after a judicial finding of such, be prosecuted for any offense covered by the agreement, and all statements and information provided by the defendant may be used against him. The defendant's pleas of guilty may not be withdrawn.

9.
The defendant agrees to enter the pleas of guilty to the Bill of Information herein, and the United States Attorney agrees to these pleas pursuant to Rule 11 (e) (1) (C), Federal Rules of Criminal Procedure, with the provision that the Court will sentence the defendant to a term of thirty-six (36) months imprisonment on Count 1, a term of thirty-six (36) months imprisonment on Count 2, to run concurrent with Count 1, and a term of twenty-four (24) months imprisonment on Count 3, to run consecutive to the terms imposed on Counts 1 and 2. It is further agreed by the parties that the defendant will enter his pleas of guilty to the Bill of Information and the Court will sentence the defendant prior to December 19, 2000. In addition, the Court will not impose a fine nor the costs of prosecution in this case. The Court must impose a special assessment of $100, per count, which defendant agrees to pay at the time of sentencing. The Court may also order restitution in accordance with law. The defendant understands that he must receive a term of supervised released after imprisonment of not more than one (1) year.

10.
Pursuant to Rule 11 (e) (2), Federal Rules of Criminal Procedure, the Court may accept or reject this Plea Agreement. If the Court rejects the Plea Agreement, the Court, on the record, will so inform the defendant and advise the defendant that the Court is not bound by the Plea Agreement. The Court will advise the defendant that, if he chooses to continue in the guilty pleas, the disposition of the case may be less favorable to the defendant that contemplated by the Plea Agreement, and afford the defendant the opportunity to withdraw the pleas of guilty.

11.
The defendant acknowledges that the terms herein constitute the entire agreement and that no other promises or inducements have been made. The defendant acknowledges he has not been threatened, intimidated or coerced in any manner.

12.
The defendant acknowledges that this Plea Agreement has been entered into knowingly, voluntarily and with the advice of counsel and that he fully understands the agreement. The defendant has no objection to the legal representation he has received.

This Plea Agreement is entered into this ------ day of ------------, 2000, at Baton Rouge, Louisiana.

UNITED STATES OF AMERICA, by

---------------------- ----------------------

JERRY M. FOWLER L.J. HYMEL
DEFENDANT UNITED STATES ATTORNEY

---------------------- ----------------------

RICHARD CRANE BRIAN A. JACKSON
ATTORNEY FOR DEFENDANT FIRST ASSISTANT U.S.
2200 Hillsboro Road, Suite 310 ATTORNEY
Nashville, TN 37212
Telephone: (615) 298-3719

----------------------

JAMES STANLEY LEMELLE
ASSISTANT U.S. ATTORNEY
CHIEF, CRIMINAL DIVISION
777 Florida Street, Suite 208
Baton Rouge, LA 70801
Telephone: (225) 389-0443


----- Original Message ----- From: Chris Hood To: Fred@miamidade.gov Sent: Thursday, October 25, 2001 10:41 AM Subject: Question about Vendor presentations


To: Fred Simmons Procurenent Officer

From: Chris Hood Compliance Research Group Inc.

Fred Please advise as to the vendor who may have failed to meet your mlti-langue requirement. Also do you require a local office to (if awarded) service the contract. Is any one vendor favored at this point, based on the objective requirements of Miami Dade County.
Thank You, Christopher Hood President Complianse Research Group Technology Consultant to: Miriam Oliphant Broward County Supervisor of Elections 

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