Democracy Lost: A Report on the Fatally Flawed 2016 Democratic Primaries – II. SUMMARY of Direct Evidence for Election Fraud, Voter Suppression, and Other Irregularities

II. SUMMARY of Direct Evidence for Election Fraud, Voter Suppression, and Other Irregularities

Election Justice USA has collected evidence indicating that multiple instances of voter suppression and election fraud have occurred throughout the 2016 presidential primaries. Democratic and Republican candidates have been affected, but demographics favoring Senator Bernie Sanders (e.g., younger voters, independent/unaffiliated voters) have been most heavily affected. This evidence falls into four categories: 1) voter suppression; 2) voter registration tampering (switching of a voter’s party affiliation without their knowledge or consent); 3) illegal voter registration purges; 4) evidence for erroneous or fraudulent voting machine counts. We have also discovered a number of credible reports of miscellaneous kinds of election fraud or potential election fraud that are particularly relevant to caucus states. We present a brief synopsis of our evidence from each category below.

A. Voter Suppression

A) Extensive reduction in number of polling places: Reduction in polling places (e.g., Arizona, Puerto Rico, Rhode Island) disproportionately affected Sanders’ vote share. This is because Clinton had larger vote shares for early/absentee ballots, while Sanders fared best on election day.

B) Voter suppression by California elections officials targeting no-party-preference (NPP) voters: 1) Refusal to include NPP presidential voting options on regular ballots; 2) Refusal to mail presidential ballots to NPP vote-by-mail voters unless explicitly requested; 3) Refusal to provide mandatory notices to vote-by-mail NPP voters of their right to a Presidential Preference ballot; 4) Refusal to inform NPP voters at the polls of their right to a Presidential Preference ballot; 5) Refusal to provide adequate ballots and/or voter indexes, despite the State Law requirement of 75% voter roll coverage; 6) Refusal to clarify to voters that American Independent is a political party and does not signify “independent” (NPP) status. We filed a lawsuit in an attempt to address these issues, but relief was not granted.

Testimonies and statistics detailing voter suppression in California:

  1. Testimony from CA voters who were given provisional ballots by pollworkers despite their names being on the Democratic voter rolls.
  2. Testimony from CA Democratic voters who received the wrong ballot type in the mail.
  3. Testimony/video evidence from CA Democratic voters who were given provisional ballots instead of being directed to a recently-changed polling location.
  4. Testimony from poll inspectors about a shortage of ballots: in some cases, fewer than 39% of registered voters would have been covered by the number of ballots provided for Los Angeles County precincts, despite a CA State Law requirement that 75% coverage be guaranteed. We also have testimony from voters who were forced to use provisional ballots due to ballot shortages.
  5. Poll workers did not count or keep a roster of provisional ballots in CA, hence no chain of custody is possible.

B. Registration Tampering

Registration tampering involves changes made to party affiliation or registration status without a voter’s knowledge or consent. These reports have been corroborated by hard evidence in the form of paper documents and screen-shots.

A) New York: We have received testimony and affidavits from over 700 New York Democratic voters. Of these respondents, over 300 registered during the current campaign cycle. Out of all respondents, around 300 had been switched to independent (no party affiliation) without their knowledge or consent and at least 80 had been switched to another party without their knowledge or consent. In some cases, these changes had been back-dated such that they were listed as made before the voter initially registered.

B) California: We have also received testimony and affidavits from over 700 California voters who experienced voting and registration problems. Of these respondents, 84 were switched to another party without their knowledge or consent. In some cases, these changes were back-dated such that they were listed as made before the voter initially registered.

C) Other states: We have received testimony and affidavits detailing registration tampering in many other states, including FL, KY, MD, NJ, NM, OH, OR, and PA.

D) These changes contributed to the unprecedented number of disqualified affidavit ballots seen in states like AZ, NY, and CA: 20,000 excluded provisional ballots in Phoenix, Arizona; 91,000 in New York; 360,000 and climbing in California.

C. Illegal Voter Purging

A) New York City: Two Brooklyn Board of Elections top officials have been suspended without pay and without any public explanation, in response to reports of 121,000 wrongly purged voters.

We have received testimony and affidavits from over 600 New York Democratic voters, 401 of which registered as Democrats in 2012 or later and would thus not be subject to legal purging due to inactivity. Of these respondents, 303 registered during the current campaign cycle. Out of all respondents, 140 had been purged and 27 were not on their polling site’s books despite valid, active Democratic registrations. The other respondents experienced registration tampering (see above) or other irregularities.

In a statistical model which controlled for neighborhood/location and precinct size, the percentage of purged voters was a significant predictor of Clinton’s vote share, demonstrating that Senator Sanders was disproportionately affected by the purges.

B) California: We have received testimony and affidavit material from more than 700 CA voters who experienced problems voting, 78 of which had been purged or were not on the poll books of their polling place. These accounts are corroborated by hard evidence in the form of document scans.

C) These changes contributed to the unprecedented number of disqualified affidavit ballots seen in states like AZ, NY, and CA: 20,000 excluded provisional ballots in Phoenix, Arizona; 91,000 in New York; 360,000 and climbing in California.

D. Evidence OF fraudulent or erroneous voting machine tallies

A) Primary contest exit poll discrepancies that exceed the margin of error (in 11 of 11 such cases, the discrepancy favored Clinton). Media outlets have removed the unexpurgated poll numbers for 10 of these 11 cases. According to USAID, an organization that works to promote oversight of electoral processes, “exit polls are powerful analytical tools … A discrepancy between the votes reported by voters and official results may suggest that results have been manipulated, but it does not prove this to be the case.”1

B) A well-controlled California early voter exit poll (Capitol Weekly/Open CA) consisting of 21,000 data points matched early returns for down-ballot races, but was off by ~16% for Sanders v. Clinton, with the discrepancy in Clinton’s favor.2 According to the L.A. County elections chief, Dean Logan, early/mail-in votes are reported first, strongly suggesting a miscount of mail-in ballots.

C) Our analyses show that in at least seventeen states, precinct size is the most robust linear predictor of Sanders’ vote share, even when controlling for neighborhood/location. In other words, even when controlling for geographical location within the state, a statistical model shows that the larger a precinct, the lower Sanders’ vote share. This cannot be explained away as an artefact of smaller precincts being more rural or less ethnically diverse: these results are replicated for New York City when considering only the Bronx (~10% white), for instance. This pattern was consistent for all five boroughs, with the exception of Manhattan, in which Sanders’ vote share did not decrease linearly with precinct size. This pattern showed up, almost exclusively, in a variety of highly racially polarized cities where exit polling missed, but was not present, with rare exception, in similar states and counties where exit polling was accurate.

D) Multiple studies, including one published recently by graduate students at Stanford University and the University of Tillburg, show that across all primary states Clinton performs best in counties with voting machines that don’t leave a papertrail, and that this difference is statistically significant.3

E) Chicago’s Board of Elections has admitted to one of the authors of the report and to CounterPunch Magazine that citizens monitoring the audit were right about irregularities in the process and that audit “numbers didn’t match” election day results.4 The citizens’ monitoring group has insisted in public, sworn testimony that numbers were adjusted to force a match. A lawsuit has just been filed to demand an accurate audit of early vote totals in Chicago. Our irregular precinct size pattern showed up weakly in Chicago (Cook County) early balloting and strongly for the overall vote in Suburban Cook County.

E. Miscellaneous

1) Iowa Caucus Irregularities: The Des Moines Register Editorial Board was so disgusted with the irregularities that they witnessed with their own eyes, and the Democratic establishment’s refusal to respond to them transparently, that it penned an editorial5 entitled: “Something Smells in the Democratic Party.” It notes that the whole process produced a “whiff of impropriety” and said that the Party response “reeks of autocracy.”

2) Nevada Caucus Irregularities: In Nevada, Senator Harry Reid would not have been able to help control the processes of caucuses and conventions if he had publicly endorsed Hillary Clinton. Instead, Reid maintained neutrality while reportedly moving to convince Casino bosses to get their workers to the caucuses for Clinton, which they were not planning to do according to USA Today.6 Troubling reports say Casino management selectively chose who could have time off to caucus then watched to see how their employees voted, turning an expected tight race in six Casino locations into a big win for Clinton.

3) The Democratic National Committee Worked Against Senator Sanders’ Campaign, Colluded with Media Outlets to Smear Him: FiveThirtyEight‘s Harry Enten predicted7 quite frankly in June 2015 that if Bernie Sanders did well in Iowa and New Hampshire, “you’d likely see the Democratic establishment rush in to try to squash Sanders, much as Republicans did to Newt Gingrich in 2012 after he won South Carolina.” The use of superdelegates in the mainstream media played a large roll. Debbie Wasserman-Schultz baldly admitted8, in response to Jake Tapper of CNN’s question about a “rigged” process, that the superdelegate system is designed to keep party stalwarts from “running against grass roots activists” like Sanders. Enten’s boss Nate Silver went so far as to write9 that “Donald Trump Would Be Easy to Stop Under Democratic Rules,” in part because superdelegates play a substantial role. Major media followed the Associated Press (AP) in consistently including superdelegates in their counts starting with Sanders’ big win in New Hampshire, and metadata appears to show10 that the AP colluded with the Clinton campaign to announce her as winner the day before last Tuesday’s vote with nearly 700 pledged delegates at stake, largely based on polls of superdelegates, which do not vote until the Democratic National Convention.

The most damning evidence of top DNC officials working against the Sanders campaign came in the form of a leaked DNC email archive published by whistleblowing website WikiLeaks on July 22nd, 2016. In addition to depicting a general culture of contempt for the Sanders campaign, the emails show DNC officials colluding with journalists from corporate media outlets to marginalize, and in some cases, smear Sanders himself by planting stories.

F. Estimate of Pledged Delegates Affected

Our Upper estimate of delegates affected, spelled out in more detail in section three of the report, is at least +184 for Sanders, at least -184 for Clinton for a 368 delegate switch in delegate margin. This or a similar margin would have been enough to secure the lead in pledged delegates for Senator Sanders.


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