Published on Friday, January 31, 2003
by CommonDreams.org
by Thom Hartmann
Maybe Nebraska Republican Chuck Hagel honestly won two
US Senate elections. Maybe it's true that the citizens
of Georgia simply decided that incumbent Democratic Senator
Max Cleland, a wildly popular war veteran who lost three
limbs in Vietnam, was, as his successful Republican challenger
suggested in his campaign ads, too unpatriotic to remain
in the Senate. Maybe George W. Bush, Alabama's new Republican
governor Bob Riley, and a small but congressionally decisive
handful of other long-shot Republican candidates really
did win those states where conventional wisdom and straw
polls showed them losing in the last few election cycles.
Perhaps, after a half-century of fine-tuning exit polling
to such a science that it's now sometimes used to verify
how clean elections are in Third World countries, it
really did suddenly become inaccurate in the United
States in the past six years and just won't work here
anymore. Perhaps it's just a coincidence that the sudden
rise of inaccurate exit polls happened around the same
time corporate-programmed, computer-controlled, modem-capable
voting machines began recording and tabulating ballots.
But if any of this is true, there's not much of a paper
trail from the voters' hand to prove it.
You'd think in an open democracy that the government
- answerable to all its citizens rather than a handful
of corporate officers and stockholders - would program,
repair, and control the voting machines. You'd think
the computers that handle our cherished ballots would
be open and their software and programming available
for public scrutiny. You'd think there would be a paper
trail of the vote, which could be followed and audited
if a there was evidence of voting fraud or if exit polls
disagreed with computerized vote counts.
You'd be wrong.
The respected Washington, DC publication The Hill (www.thehill.com/news/012903/hagel.aspx)
has confirmed that former conservative radio talk-show
host and now Republican U.S. Senator Chuck Hagel was
the head of, and continues to own part interest in,
the company that owns the company that installed, programmed,
and largely ran the voting machines that were used by
most of the citizens of Nebraska.
Back when Hagel first ran there for the U.S. Senate
in 1996, his company's computer-controlled voting machines
showed he'd won stunning upsets in both the primaries
and the general election. The Washington Post (1/13/1997)
said Hagel's "Senate victory against an incumbent
Democratic governor was the major Republican upset in
the November election." According to Bev Harris
of www.blackboxvoting.com, Hagel won virtually every
demographic group, including many largely Black communities
that had never before voted Republican. Hagel was the
first Republican in 24 years to win a Senate seat in
Nebraska.
Six years later Hagel ran again, this time against
Democrat Charlie Matulka in 2002, and won in a landslide.
As his hagel.senate.gov website says, Hagel "was
re-elected to his second term in the United States Senate
on November 5, 2002 with 83% of the vote. That represents
the biggest political victory in the history of Nebraska."
What Hagel's website fails to disclose is that about
80 percent of those votes were counted by computer-controlled
voting machines put in place by the company affiliated
with Hagel. Built by that company. Programmed by that
company.
"This is a big story, bigger than Watergate ever
was," said Hagel's Democratic opponent in the 2002
Senate race, Charlie Matulka (www.lancastercountydemocrats.org/matulka.htm).
"They say Hagel shocked the world, but he didn't
shock me."
Is Matulka the sore loser the Hagel campaign paints
him as, or is he democracy's proverbial canary in the
mineshaft?
In Georgia, Democratic incumbent and war-hero Max Cleland
was defeated by Saxby Chambliss, who'd avoided service
in Vietnam with a "medical deferment" but
ran his campaign on the theme that he was more patriotic
than Cleland. While many in Georgia expected a big win
by Cleland, the computerized voting machines said that
Chambliss had won.
The BBC summed up Georgia voters' reaction in a 6 November
2002 headline: "GEORGIA UPSET STUNS DEMOCRATS."
The BBC echoed the confusion of many Georgia voters
when they wrote, "Mr. Cleland - an army veteran
who lost three limbs in a grenade explosion during the
Vietnam War - had long been considered 'untouchable'
on questions of defense and national security."
Between them, Hagel and Chambliss' victories sealed
Republican control of the Senate. Odds are both won
fair and square, the American way, using huge piles
of corporate money to carpet-bomb voters with television
advertising. But either the appearance or the possibility
of impropriety in an election casts a shadow over American
democracy.
"The right of voting for representatives is the
primary right by which all other rights are protected,"
wrote Thomas Paine over 200 years ago. "To take
away this right is to reduce a man to slavery.."
That slavery, according to Hagel's last opponent Charlie
Matulka, is at our doorstep.
"They can take over our country without firing
a shot," Matulka said, "just by taking over
our election systems."
Taking over our election systems? Is that really possible
in the USA?
Bev Harris of www.talion.com and www.blackboxvoting.com
has looked into the situation in depth and thinks Matulka
may be on to something. The company tied to Hagel even
threatened her with legal action when she went public
about his company having built the machines that counted
his landslide votes. (Her response was to put the law
firm's threat letter on her website and send a press
release to 4000 editors, inviting them to check it out.
www.blackboxvoting.com/election-systems-software.html)
"I suspect they're getting ready to do this all
across all the states," Matulka said in a January
30, 2003 interview. "God help us if Bush gets his
touch screens all across the country," he added,
"because they leave no paper trail. These corporations
are taking over America, and they just about have control
of our voting machines."
In the meantime, exit-polling organizations have quietly
gone out of business, and the news arms of the huge
multinational corporations that own our networks are
suggesting the days of exit polls are over. Virtually
none were reported in 2002, creating an odd and unsettling
silence that caused unease for the many American voters
who had come to view exit polls as proof of the integrity
of their election systems.
As all this comes to light, many citizens and even
a few politicians are wondering if it's a good idea
for corporations to be so involved in the guts of our
voting systems. The whole idea of a democratic republic
was to create a common institution (the government itself)
owned by its citizens, answerable to its citizens, and
authorized to exist and continue existing solely "by
the consent of the governed."
Prior to 1886 - when, law schools incorrectly tell
law students, the U.S. Supreme Court ruled that corporations
are "persons" with equal protection and other
"human rights" - it was illegal in most states
for corporations to involve themselves in politics at
all, much less to service the core mechanism of politics.
And during the era of Teddy Roosevelt, who said, "There
can be no effective control of corporations while their
political activity remains," numerous additional
laws were passed to restrain corporations from involvement
in politics.
Wisconsin, for example, had a law that explicitly stated:
"No corporation doing business in this state shall
pay or contribute, or offer consent or agree to pay
or contribute, directly or indirectly, any money, property,
free service of its officers or employees or thing of
value to any political party, organization, committee
or individual for any political purpose whatsoever,
or for the purpose of influencing legislation of any
kind, or to promote or defeat the candidacy of any person
for nomination, appointment or election to any political
office."
The penalty for violating that law was dissolution
of the corporation, and "any officer, employee,
agent or attorney or other representative of any corporation,
acting for and in behalf of such corporation" would
be subject to "imprisonment in the state prison
for a period of not less than one nor more than five
years" and a substantial fine.
However, the recent political trend has moved us in
the opposite direction, with governments answerable
to "We, The People" turning over administration
of our commons to corporations answerable only to CEOs,
boards, and stockholders. The result is the enrichment
of corporations and the appearance that democracy in
America has started to resemble its parody in banana
republics.
But if America still is a democratic republic, then
We, The People still own our government. And the way
our ownership and management of our common government
(and its assets) is asserted is through the vote.
On most levels, privatization is only a "small
sin" against democracy. Turning a nation's or community's
water, septic, roadway, prisons, airwaves, or health
care commons over to private corporations has so far
demonstrably degraded the quality of life for average
citizens and enriched a few of the most powerful campaign
contributors. But it hasn't been the end of democracy
(although some wonder about what the FCC is preparing
to do - but that's a separate story).
Many citizens believe, however, that turning the programming
and maintenance of voting over to private, for-profit
corporations, answerable only to their owners, officers,
and stockholders, puts democracy itself at peril.
And, argues Charlie Matulka, for a former officer of
one of those corporations to then place himself into
an election without disclosing such an apparent conflict
of interest is to create a parody of democracy.
Perhaps Matulka's been reading too many conspiracy
theory tracts. Or maybe he's on to something. We won't
know until a truly independent government agency looks
into the matter.
When Bev Harris and The Hill's Alexander Bolton pressed
the Chief Counsel and Director of the Senate Ethics
Committee, the man responsible for ensuring that FEC
disclosures are complete, asking him why he'd not questioned
Hagel's 1995, 1996, and 2001 failures to disclose the
details of his ownership in the company that owned the
voting machine company when he ran for the Senate, the
Director reportedly met with Hagel's office on Friday,
January 25, 2003 and Monday, January 27, 2003. After
the second meeting, on the afternoon of January 27th,
the Director of the Senate Ethics Committee resigned
his job.
Meanwhile, back in Nebraska, Charlie Matulka had requested
a hand count of the vote in the election he lost to
Hagel. He just learned his request was denied because,
he said, Nebraska has a just-passed law that prohibits
government-employee election workers from looking at
the ballots, even in a recount. The only machines permitted
to count votes in Nebraska, he said, are those made
and programmed by the corporation formerly run by Hagel.
Matulka shared his news with me, then sighed loud and
long on the phone, as if he were watching his children's
future evaporate.
"If you want to win the election," he finally
said, "just control the machines."
Thom Hartmann is the author of "Unequal Protection:
The Rise of Corporate Dominance and the Theft of Human
Rights." www.unequalprotection.com This article
is copyright by Thom Hartmann, but permission is granted
for reprint in print, email, or web media so long as
this credit is attached.
|