The Minnesota Recount Folly: We've Been Down That Road

How the Democrats 'won' the Washington governor's mansion in 2004.

By TRENT ENGLAND

Olympia, Wash.

Sorry Minnesota, but the sequel is never as good as the original.

For those who watched the Washington State governor's race recounts in 2004, the ongoing recount drama in Minnesota is just another rehash of the same script -- albeit for a U.S. Senate seat that might put Democrats one vote away from a filibuster-proof majority.

Four years ago in Washington, Democratic Party candidate Christine Gregoire lost the first count, lost the recount, and then won a second, highly dubious recount by 133 votes. In Minnesota, where Sen. Norm Coleman is defending his seat against comedian-turned-candidate Al Franken, the first count showed Mr. Coleman up 725 votes. Today, thanks to another dubious recount, Mr. Franken is apparently in the lead.

Razor-thin margins like these put election systems to the test. As the old proverb goes, they are a crisis and an opportunity. Yet the crises keep coming and the opportunities continue to be squandered. It's time to learn the lessons of the recount wars and address the systemic flaws in our election processes. Indeed, the price of a continued decline in voter confidence is too troubling for most Americans to comprehend.

In Washington's 2004 gubernatorial election, at least 1,392 felons illegally voted, 252 provisional ballots were wrongly counted, and 19 votes were cast from beyond the grave, according to Chelan County Superior Court Judge John Bridges's opinion in a case brought by Dino Rossi, Ms. Gregoire's Republican opponent.
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Election workers in King County (where Seattle is located) "enhanced" 55,177 ballots to make it easier for tabulating machines to read them -- even though the county had failed to establish written procedures as required by state law. In some cases, individual election workers modified voted ballots using black felt markers and white-out tape while observers were kept at a distance that prevented meaningful observation. Nine separate times, King County "discovered" and counted unsecured ballots.

Nevertheless, Ms. Gregoire lost to Mr. Rossi by 261 votes.

An automatic recount reduced Mr. Rossi's lead to just 42 votes. The Gregoire campaign demanded a state-wide hand recount, a time-consuming and expensive process that state law says the challenger must pay for (if the result changes, the challenger is reimbursed). Big labor unions joined with far-left groups like MoveOn.org to put up the money for Ms. Gregoire's third-time's-the-charm ballot shuffle.

During the recount process, five counties found new, uncounted, unsecured ballots and added them into their totals. King County officials admitted publicly that ballot reconciliation reports were falsified in an attempt to conceal variations between the number of votes counted and the number of voters who voted (two elections workers were disciplined as a result).

By the end, 3,539 votes more than the number of voters who voted were tabulated. Four other swing counties provided an additional 4,880 mystery ballots. Ms. Gregoire was the victor by a margin of 133 votes.

That margin -- 133 votes -- happens to be the same number of ballots that Minneapolis election officials are currently missing. The initial vote tally in one Democrat-leaning precinct counted 133 more ballots than officials have been able to find for the Senate recounts. The Minnesota canvassing board decided on Dec. 12 to allow Minneapolis simply to ignore the recount and go with the original number. This provided a 46-vote boost for Mr. Franken, about the same as his current projected lead. The board also "requested" that counties reconsider rejected absentee ballots, a new and novel part of the recount procedure that is also expected to favor Mr. Franken.

Something is wrong when a victorious candidate owes more thanks to vote counters than to voters. Such was the case in Washington in 2004, and Minnesota is poised to follow in its footsteps in 2008.

It need not be this way. After 2004, the Evergreen Freedom Foundation produced a 42-page report offering a dozen solutions. While a few were implemented, most were simply ignored by officials content to cross their fingers and hope the next close election is in someone else's jurisdiction.

Some reforms are simply educational and cultural; others are fundamental and essential. Election officials need to understand current federal and state laws and regulations governing the entire election process, including recounts. Those responsible for elections must also inculcate a culture of compliance among election staff, including temporary staff hired at election time.

From the moment they are printed, ballots should be isolated and guarded and their chain of custody recorded. Officials with rule-making authority are responsible for establishing processes that clarify how ballots are to be handled, stored, counted, and, if necessary, recounted.

Most important to maintaining and increasing public faith in elections is improving openness, especially leveraging Internet technology to make anyone a potential election observer. The Minneapolis Star Tribune's project to put all 6,700 contested ballots in the Senate race on the Web, so people can compare their own judgments to those of the canvassing board, is but one example. Election officials who have nothing to hide should be putting as much as possible online as quickly as possible.

Citizens and the media might also take a closer look at some of the individuals and organizations involved in monkeying with and even overturning elections. Both Mr. Franken and Ms. Gregoire were endorsed by the Association of Community Organizations for Reform Now -- Acorn -- a group under investigation in several states for suspected voter registration chicanery.

The man overseeing the Senate recount, Minnesota Secretary of State Mark Ritchie, was also endorsed by Acorn, and his election campaign in 2006 was funded in part by something called "The Secretary of State Project." This latter group, founded by MoveOn.org's former grass-roots director, exists solely to install far-left candidates as secretaries of state in swing states.

Close elections will always stir controversy. They will often require recounts to validate the results. Yet the Washington and Minnesota recounts offer cautionary tales. The democratic process is too important to be disregarded until a virtual tie forces us to pay attention. Regardless of which candidates win our elections, the voters -- not the vote counters -- should win every time.

Mr. England is director of the Citizenship and Governance Center at the Evergreen Freedom Foundation.