U.S. National

This document contains links to pdfs of the complete text of the filings of the VERIFIED ELECTION CONTEST PETITION IN THE SUPREME COURT OF OHIO, also known as Moss v. Bush, and other related court documents.

Moss v. Bush

First Filing (Dismissed) (File size: 82 KB)
Second Filing (Current) (File size: 1.2 MB)

Moss v. Bush expert witness depositions

Dr. Baiman (File size: 100 KB)

Dr. Lange (File size: 76 KB)

Dr. Phillips (File size: 152 KB)

Moss v. Moyer

First Filing (Current) (File size: 838 KB)

The below document is the complete transcript of the December 13, 2004 congressional hearing on the presidential election in Columbus, Ohio. The hearings were chaired by Congresswoman Maxine Waters, Congresswoman Stephanie Tubbs-Jones and Congressman John Conyers.

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The following is a fax from Office of the Secretary of State of Ohio documenting the distribution of voting machines on election day 2004.

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"That can't be what they really call them!" I exclaimed in amusement. But Lowell Finley, legal counsel for the Green/Libertarian recount effort in New Mexico, assured me that 'phantom vote' was indeed the common legal term for the puzzling phenomenon I had uncovered in looking at the state's canvass report. A phantom vote occurs when the number of votes recorded exceeds the number of ballots cast. Mathematically, phantom votes are merely the inverse of undervotes. Undervotes, which show up when there are less votes than ballots cast, can be accounted for more or less persuasively in one way or another but I have yet to come up with any acceptable explanation for phantoms. Much less, 2,087 of them statewide in New Mexico, just about one third of the margin of victory that determined the selection of that state's presidential electors.

Executive Summary:

There is a substantial discrepancy—well outside the margin of error and outcomedeterminative— between the national exit poll and the popular vote count.

The possible causes of the discrepancy would be random error, a skewed exit poll, or breakdown in the fairness of the voting process and accuracy of the vote count.

Analysis shows that the discrepancy cannot reasonably be accounted for by chance or random error.

Evidence does not support hypotheses that the discrepancy was produced by problems with the exit poll.

Widespread breakdown in the fairness of the voting process and accuracy of the vote count are the most likely explanations for the discrepancy.

In an accurate count of a free and fair election, the strong likelihood is that Kerry would have been the winner of the popular vote.

Download the paper (PDF, File size: 2.1 MB)

There are scripts that qualify as national treasures, and Mel Brooks's THE PRODUCERS is high on the A-list.  It is the ultimate, over the top, gleefully politically incorrect, good-hearted, goof-ball, completely nutso musical tour de force that defies description.  Like a great moment in history, you just have to be there.

The version presented by the Broadway Series at the Ohio Theater---itself a national treasure---does this jewel justice.  The staging is beautiful, the acoustics fine, the cast a delight, the  costumes and sets all they should be.  In short, it's a wonderful evening in a setting that can't be beat. 

If you don't know the story, don't worry, there's not much to tell.  A down-on-his luck producer named Bialystock hooks up with a liberated accountant named Bloom to scam a show funded by horny old women.  They want it to fail, and wind up with a bomb called SPRINGTIME FOR HITLER that turns into a blitzkreig.  What more can be said?

On Election Night, when 100% of the precincts in Miami County had reported, only 31,620 votes had been counted.  George W. Bush was reported to have won Miami County with 20,807 votes (65.80%) to 10,724 votes (33.92%) for John F. Kerry.  These numbers did seem low.  In 2000 there had been 42,841 ballots cast.  Bush had won Miami County with 26,037 votes (60.78%) to 15,584 votes (36.38%) for Al Gore.

Somehow the final total came in later that night at 50,235 votes cast, giving Bush a margin of 16,000 votes, exactly – 33,039 to 17,039.  Moreover, as has been widely reported, even with the addition of 18,615 new votes, Bush's percentage was almost unchanged (65.80% to 65.77%), and Kerry's percentage was exactly the same (33.92%).  This led some observers to believe that the optical scanner had been programmed to come out that way, to provide the desired 16,000-vote plurality.

On December 9, 2004, I posted an article on Lucas County.  I noted with deep suspicion the voter turnout data for the City of Toledo.  Of the 495 precincts in Lucas County, the 88 precincts with the lowest turnout, all in the City of Toledo, were won by John Kerry.  Of the 8 precincts with less than 50% reported turnout, 4 are located in 2 wards.  Of the 29 precincts with less than 55% reported turnout, 20 are located in 4 wards.  Of the 63 precincts with less than 60% reported turnout, 34 are located in 4 wards, 39 are located in 5 wards, and 43 are located in 6 wards.

When the precinct numbers are combined into totals for each ward, a clear and unmistakable pattern emerges.  The 14 wards with the highest reported turnout were won by John Kerry by a margin of 11 to 7 in the aggregate.  The 10 wards with the lowest reported turnout were won by John Kerry by a margin of 6 to 1 in the aggregate.  The more competitive the ward, the higher the reported turnout.  Conversely, the less competitive the ward, the lower the reported turnout.

I give my heartfelt thanks to Coleen Christensen for producing the spreadsheets and to Roman Sasik for producing the tables of data that made it possible for me to write this report in a timely manner.

Three days ago I produced a report entitled “Uncounted Votes in Montgomery County.”  These are ballots cast but not counted because they were regarded as “undervotes” and “overvotes,” or “blank” and “void,” as they are known in New York State.  The true number of such votes can be easily determined by subtracting votes counted from total ballots cast.

I was shocked to learn of 47 precincts in Montgomery County where the percentage of uncounted ballots is 4.0% or more, and that every single one of those precincts was won by John Kerry, nearly all of them by overwhelming margins, 7 to 1 in the aggregate.

I resolved to apply the same analytical technique to other Ohio counties, beginning with Hamilton County.

I give my heartfelt thanks to Roman Sasik for producing, from a poor facsimile, the tables of data that made it possible for me to write this report in a timely manner.

This is the fifth in a series of reports on uncounted votes in urban counties of Ohio.  These are ballots cast but not counted because they were regarded as “undervotes” and “overvotes,” or “blank” and “void,” as they are known in New York State.  The true number of such votes can be easily determined by subtracting votes counted from total ballots cast.

Shortly after the election I obtained from the website of the Ohio Secretary of State the data I needed to make a statewide compilation on a county by county basis of the uncounted votes, exclusive of provisional ballots.  These data have since been taken down from said website.  I present them here.

Summit County

Registered Voters       368,858