Bush v. Gore in Election 2000
On December 12, the Supreme Court hijacked Election 2000 by deciding for George Bush after three days earlier halting the Florida recount on the spurious grounds that it violated the 14th Amendment's equal protection clause. It was the first time ever in US history that the High Court reversed a popular vote (5 - 4) to install its own preferred candidate — and the public has paid dearly ever since.
The High Court settled an election that was deeply flawed and rigged to elect George Bush. The Supreme Court then affirmed it by cutting off debate — most visibly in Florida. For its part, the media cheerled the process and wholeheartedly approved. They, too, got their man in Washington and rallied around him ever since. More on that below.
Election 2000 was rife with fraud, but its outcome hinged on how Florida went. Investigative journalist Greg Palast (and others) uncovered gross irregularities. He documented them in running reports, and published a full account in his 2002 book The Best Democracy Money Can Buy. He got hold of two CD-ROM disks "right out of the computer offices of Florida Secretary of State Katherine Harris" with an evidentiary database of electoral fraud.
In the run-up to November 2000, Harris, "in coordination with Governor Jeb Bush," ordered 57,700 mostly poor African Americans and Latinos (likely to vote Democratic) removed from voter registries for having been "identified" as ex-felons and thus ineligible to vote under state law. Palast called it as "The Great Florida Ex-Con Game" and cited the use of "scrub lists." Two of them comprised nearly 1% of Florida's electorate and almost 3% of its black voters. They were compiled by the DBT Online subsidiary of Atlanta-based Choicepoint, a company with close Republican ties — much the way Diebold is with electronic voting machines.
On close examination, extensive inaccuracies were found in Choicepoint's work:
- Floridians were purged (without verification) because their names, gender, birthplace and race matched countless ex-felons who show up multiple times in state phone directories — like "David Butler" with 77 listings;
- alleged crimes were listed as committed in future years; and
- ex-felons of other states were removed whose voting rights were restored.
Choicepoint vice-president Martin Fagan later admitted that at least 8000 names were incorrectly listed and removed from voter rolls prior to the election. He also said accuracy checks weren't conducted. That's for users, like the state of Florida, to do.
On April 17, 2000, at a special Atlanta congressional hearing, Choicepoint vice-president James Lee testified that Florida officials told DBT to purge names matching 80% of ones believed to be ineligible. Acceptable procedure allowed dropping middle initials and suffixes and adding nicknames and aliases. In addition, names could be reversed so Thomas Lee could be removed instead of Lee Thomas.
On February 16, 2001, before the US Civil Rights Commission, Choicepoint senior vice-president George Bruder testified that the company misinformed Florida Supervisors of Elections officials on the issue of race in compiling purge lists. It got Palast to conclude that "An African-American felon named John Doe might wipe out the registration of an innocent African-American Will Whiting, but not the rights of an innocent Caucasian Will Whiting."
Under orders from Jeb Bush, various other obstructive practices took place before and on election day:
- ballot boxes in African-American districts were missing and uncounted;
- in black precincts, state troopers (near polling sites) intimidated and delayed voters for hours by searching cars and setting up roadblocks;
- some precincts asked for two photo IDs; Florida law requires only one;
- African-American students at schools like Florida A&M signed up in force as first-time voters but faced obstructions at polling stations; they were turned away because they couldn't show a registration card or driver's license; but Florida law lets eligible residents sign an affidavit (not provided) and swear they hadn't voted;
- other practices were also revealed - solely in minority districts: voters were turned away and directed to vote elsewhere; they were never mailed registration cards; and they were told they showed up too late and polls were closed;
- in minority districts, requested absentee ballots were never received; and
- alleged forged absentee ballots voted for George Bush.
The 1965 Voting Rights Act bans discriminatory practices that for decades disenfranchised blacks and other minorities. It prohibits states from imposing any "voting qualification or prerequisite to voting, or standard, practice, or procedure (that may) deny or abridge the right of any citizen of the United States to vote on account of race or color." It established various federal oversight procedures for enforcement, but for Election 2000 it hardly mattered. In Florida, abuses were brazen, but Democrats ducked the issue. They ceded the state and election to George Bush even though their candidate Gore won, and by a comfortable margin.
On January 6th, 2001, a joint session of Congress convened to count the Electoral College votes. In a final humiliation and despite 20 Democrat congressmen objecting, no party senator joined their colleagues to adjourn the session and have it reconvene for separate House and Senate votes as required by an 1887 law. With the Senate divided 50 - 50, Democrats controlled the body since Vice-President Gore had the deciding vote. Even he refused to intervene, but it wasn't surprising. On December 13th, 2000, he conceded the election, the day after the Supreme Court awarded it to George Bush.