ACVR REFERS OHIO VOTER FRAUD REPORT TO DEPARTMENT OF JUSTICE
WASHINGTON, D.C. – Today the American Center for Voting Rights (ACVR) released a copy of a referral letter to the Department of Justice. The letter accompanied a copy of the Ohio Election Report submitted to the House Administration Committee on Monday. ACVR will be releasing similar reports on election activity in Florida, Pennsylvania, and Wisconsin and other states in coming weeks.
March 21, 2005
R. Alexander Acosta
Assistant Attorney General
United States Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Office of the Assistant Attorney General, Main
Washington, DC 2053
Re: Referral of Report Describing Potential Federal Criminal Activity During the 2004 Presidential General Election
Dear Mr. Acosta:
I am writing as general counsel for The American Center for Voting Rights (ACVR), a not-for-profit entity, which has conducted an investigation into allegations of vote fraud and election irregularities that occurred in Ohio during the 2004 presidential general election campaign. The ACVR, working with almost one dozen Ohio attorneys involved in the November election, reviewed the facts surrounding the November general election and found substantial evidence to suggest potential criminal wrongdoing by organizations such as Americans Coming Together ("ACT"), ACORN, and the NAACP – Project Vote.
We understand that local Ohio law enforcement authorities are pursuing criminal prosecution against some of the individuals involved in this activity, which activities included paying crack cocaine for fraudulent voter registration forms. However, we believe that the role of the organizations (not just the individuals who carried out the scheme) merits investigation. Please find attached the report containing the ACVR's preliminary findings of voter registration fraud, voter intimidation, and other misconduct for your review.
As you will see in the report, third party organizations, especially ACT, ACORN and the NAACP Project Vote, were engaged in a coordinated “Get Out the Vote” effort. A significant component of this effort appears to be registering individuals who would cast ballots for the candidate supported by these organizations. This voter registration effort was not limited to the registration of legal voters but, criminal investigations and news reports suggest, that the voter registration effort also involved the registration of thousands of fictional voters such as the now infamous Jive F. Turkey, Sr., Dick Tracy and Mary Poppins. Those individuals registering these fictional voters were reportedly paid not just money to do so but were, in at least one instance, paid in crack cocaine.
Clearly, the conduct outlined in the preliminary report suggests a serious violation of federal law in pursuit of a scheme to illegally influence the outcome of a national election for President. I am confident that you will find the ACVR's report both informative and helpful. Please let me know if I can be of assistance or provide additional information regarding the ACVR's findings.
As the U.S. Supreme Court has noted, “It must be remembered that ‘the right of suffrage can be denied by debasement or dilution of the weight of a citizen’s vote just as effectively as by wholly prohibiting the free exercise of the franchise.’” Bush v. Gore, 121 S.Ct. 525, 530 (2000), citing, Reynolds v. Sims, 377 U.S. 533 (1964). No Ohio citizens should be disenfranchised by an illegally cast ballot and, we believe, an apparently coordinated effort to do so merits your investigation.
Thank you for your attention to this important matter.
Sincerely,
Mark F. (Thor) Hearne, II
cc: Gregory A. White, United States Attorney for the Northern District of Ohio
Gregory G. Lockhart, United States Attorney for the Southern District of Ohio
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