In the crucial November 2002 race for governor, Sequoia client Bernalillo County, New Mexico, had more than 48,000 people show up at six sites with Sequoia voting machines. Somehow, only 36,000 were recorded. The company later admitted that voters in Clark County, Nevada, had had the same problem with Sequoia’s machines just weeks earlier.

O’Keefe’s video from the NJEA event records [Wayne] Dibofsky recounting that he was at the offices of the Jersey City Education Association (NJEA), coordinating get-out-the-vote efforts for the 1997 mayor’s race, when a man arrived and announced that he had two voting machines to deliver. Dibofsky told him the JCEA office was not a voting precinct. The unidentified man winked at him and said ‘I don’t care; I was told to deliver these machines.’ When Dibofsky asked more questions, he was told, ‘It does not matter.’ The two voting machines, Dibofsky recounted, ‘were already locked, loaded, and voted,’ which he said meant they had ‘vote tallies that were already added,’ ready to be printed out as the end of the day. ‘Nobody came through; we weren’t a voting location. They came back later on, they took the machines, I called the [city] clerk’s office,’ Dibofsky recounted. ‘They said, just leave well enough alone. And I knew that meant, Keep quiet. That was a tough district for a Democrat to win in, and they carried the district with those voting machines. And nobody came in and voted. That’s Hudson County.’

In addition to voting in the names of fictitious people, the crews used several other methods of casting fraudulent votes involving voting under the names of legitimate voters. By reviewing voter registration records at the Board of Elections prior to Election Day, conspirators were able to identify newly registered voters. Crews would go to the appropriate polling places as soon as polls opened in the morning to vote under those names: The reasoning behind this method, according to the experience of one witness, was that newly registered voters often do not vote. By arriving at the polling sites early, the bogus voter would not need to worry about the possibility that the real voter had actually voted.

Perhaps no piece of legislation in the last generation better captures the ‘incentivizing’ of fraud and the clash of conflicting visions about the priorities of our election system than the 1993 National Voter Registration Act, commonly known as the ‘Motor Voter Law.’

Attorney General Holder is a staunch opponent of laws requiring voters to show photo ID at the polls to improve ballot security. He calls them ‘unnecessary,’ and has blocked their implementation in Texas and South Carolina under Section 5 of the Voting Rights Act, citing the fear that such requirements would discriminate against minorities.

Hawaii has a history of election fraud going back at least to 1982, when the political and legal community were shocked by a voter registration scandal involving University of Hawaii law school students who illegally registered voters for a Democratic candidate for the state house, Ross Segawa. They were caught when volunteers for his opponent noticed that these youthful supporters of Segawa were registered at the Arcadia Retirement Residence. An investigation by the city prosecutor’s office led to Segawa’s conviction on ten counts of election fraud, criminal solicitation and evidence tampering, for which he served sixty days in prison… In another case of election fraud, an Oahu grand jury indicted state legislator Gene Albano in 1983 for illegally registering voters in his Kalihi Kai-Iwilei House District, and a decade later he was finally convicted of voter registration fraud. Governor Cayetano pardoned both Segawa and Albano in 2000 and appointed several other students in the University of Hawaii law school voter registration scandal to high-ranking government jobs.

The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) requires the Federal Voting Assistance Program (a Department of Defense program) to administer UOCAVA, and requires the Justice Department to enforce it. One of the most significant problems with UOCAVA is that it does not specify when states are required to mail absentee ballots to overseas military voters. Every federal agency and nonprofit group examining the issue, including the Election Assistance Commission, had concluded that, to provide enough time for absentee ballots to be returned from overseas, they would need to be sent out at least 45 days before a state’s deadline for receiving absentee ballots. Yet nearly one-third of states refuse to follow the 45-day standard, and at least 10 states gave military voters less than 35 days to receive, cast, and return their ballots.

Election fraud, whether it’s phony voter registration, illegal absentee ballots, shady recounts or old-fashioned ballot-box stuffing, can be found in every part of the United States, although it is probably spreading because of the ever-so-tight divisions that have polarized the country and created so many close elections lately.

Both the Miami Herald and the Palm Beach Post found that, if anything, county officials were too permissive in whom they allowed to vote, and this largely benefitted Al Gore.An analysis by the Post found that 5,600 people whose names matched the names of convicted felons who should have been disqualified were permitted to cast their ballots. ‘These illegal voters almost certainly influenced the down-to-the-wire presidential election,’ the Post reported. ‘It’s likely they benefited Democratic candidate Al Gore: Of the likely felons identified by the Post, 68 percent were registered Democrat.’

We should consider paying the people who run our elections more, as well as giving some of them more professional training. We pay many of the election officials in some of our rural counties less than the janitor at the local school. Sue Woody, who had served as the clerk of Park County, Indiana, resigned last year because she couldn’t make it on her salary of $22,000. She was responsible for running both the court and the election systems for her county.

The [National Voter Registration Act of 1993] imposed an unfunded mandate on the states by requiring that anyone entering a government office to renew a driver’s license or apply for welfare or unemployment compensation would be offered the chance to register on the spot to vote. Examiners were under orders not to ask anyone for identification or proof of citizenship. States also had to permit mail-in voter registration, which allowed anyone to register without any personal contact with a registrar or election official. Finally, states were limited in pruning ‘deadwood’—people who had died, moved or been convicted of crimes—from their rolls. Now, people who didn’t vote would be kept on the registration rolls for at least eight years before anyone could remove them.

Local registration and election boards should be composed of citizen appointees. All such boards should have equal representation from both major political parties and at least one independent or third-party member. We’ve seen over and over, from St. Louis to Palm Beach County, how conflicts of interest are created if election boards are run by officials who have to run for offices themselves—often as partisans. ‘I think you’ll see most of the problems in bad management of elections occur where the top position isn’t nonpartisan and where most of the oversight is by people deeply involved in the political process,’ says Mischelle Townsend, the registrar of voters in Riverside County, California.

In November 2003, there was a power failure with one of the Sequoia machines in San Jose, California. It was repaired by unknown technicians in the middle of an election without any supervision from county officials. According to the San Jose Mercury News, no one on site could say what the technicians repaired or changed. Then, in March 2004, Sequoia voting machines failed to record nearly seven thousand votes in Napa County, California, because voters used the wrong ink on optical scan ballots. The glitch affected the outcome of numerous races in all levels of government as well as ballot initiative measures.

Some of the sloppiness that makes fraud and foul-ups in election counts possible seems to be built into the system by design. The National Voter Registration Act (‘Motor Voter Law’), the first law signed into law by President Clinton upon entering office, imposed fraud-friendly rules on the states by requiring driver’s license bureaus to register anyone applying for licenses, to offer mail-in registration with no identification needed, and to forbid government workers to challenge new registrants, while making it difficult to purge ‘deadwood’ voters (those who have died or moved away).