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The 2000 Presidential Election was a cautionary tale of voter suppression. The same tactics that were used back then to hand George Bush the election are still present today.
Directed by Rick Perez and Joan Sekler.
Transcript provided by YouTube:
00:02
i’m danny glover
00:04
the 2000 presidential election was a
00:06
flashpoint event in american history
00:09
that tested the integrity of our
00:11
democratic system
00:13
on november 7th of that year 100 million
00:16
americans voted for the 43rd president
00:18
of the united states
00:20
but in an unexpected turn of events the
00:23
outcome
00:23
hinged on the results in just one state
00:26
florida
00:27
florida became the battleground for the
00:29
presidency of the united states
00:32
a battle fought between the republican
00:34
and democratic parties
00:36
in the struggle to capture the most
00:37
powerful office in the world
00:40
the world was riveted by this political
00:42
contest
00:43
the forensic media created a cloud of
00:45
confusion
00:46
as they scrambled to make sense of this
00:48
event behind that cloud was a disturbing
00:51
election marred by
00:52
suspicious irregularities electoral
00:55
injustices
00:56
and sinister voter purges in a state
00:59
governed by the winning candidate’s
01:01
brother
01:02
in an unprecedented decision by the
01:04
supreme court
01:06
george w bush was declared the winner
01:09
but the matter was not settled in the
01:11
minds of millions of americans
01:13
who felt that the outcome was a grave
01:15
injustice
01:16
to our nation’s political system the
01:19
documentary you’re about to see
01:21
is a chronicle of what happened in
01:23
florida and the chilling story
01:25
of the undermining of democracy in
01:31
[Music]
01:38
america
01:42
[Applause]
01:52
uh
01:55
please raise your right hand and repeat
01:56
after me now george walker bush did
01:59
solemnly stop this stunning situation in
02:01
florida
02:02
where the secretary of state says only
02:03
629 votes 629 votes
02:07
separate reasonable certainty punch
02:08
remarks i am
02:10
furious they give me a ballot that’s
02:12
illegal
02:13
they put it on a machine that doesn’t
02:15
work at stake is
02:17
the integrity of our democracy making
02:20
sure that the will of the american
02:22
people
02:23
many people probably voted for buchanan
02:26
meaning to vote for glenn what happens
02:28
do we go to jail because i’m willing to
02:29
go to jail
02:30
i just felt it foreign
02:54
it was mass confusion at seven o’clock
02:56
when the polls
02:57
opened we knew that there was a problem
03:01
because people were walking out of the
03:02
polls
03:03
distraught calling their husbands
03:05
calling their wives telling them to be
03:07
careful
03:08
i’m a veteran from 1942 marine
03:11
purple art i’m entitled to my vote
03:14
they’ve just taken it away from it
03:15
statewide we had complaints of
03:17
everything from police intimidation
03:20
police threatening people with tickets
03:22
for loitering who happen to be
03:23
standing in line we’ve had reports of
03:26
people being required to produce
03:28
multiple pieces of identification when
03:30
they have a valid voter registration
03:31
card
03:32
there’s no such requirement under
03:33
florida a lot on election day
03:36
i got calls from a lot of people who
03:38
complained that they had gone to vote
03:40
and that the local precinct didn’t have
03:42
their name on the list
03:43
they said i don’t have mine in there
03:47
why my name is not there so they sent me
03:50
to see a clerk
03:51
there were no bilingual pollers there
03:53
were no bilingual translators
03:55
there was no one there you know the
03:57
story of the
03:58
2000 presidential election is a
04:00
multi-faceted story
04:02
that has to do with decision making at a
04:04
lot of different levels
04:05
and inconsistencies in policies and
04:08
voting systems and technologies
04:13
but the story of the 2000 presidential
04:15
election started
04:16
long before election day
04:28
truth be told bush did not expect to be
04:31
campaigning in florida
04:33
this hard this late after all brother
04:36
jeb
04:37
is the popular governor here i told my
04:40
brother
04:40
we were going to carry florida for him
04:42
is that going to be a truthful statement
04:47
it better be jeb bush first ran for
04:50
governor
04:51
in 1994. during
04:54
a debate he was asked what he would do
04:57
if elected
04:57
for florida’s black community and he
05:00
gave a two-word answer
05:03
which was proved to be both accurate and
05:06
prophetic
05:07
i mean his answer was probably
05:10
nothing
05:14
that answer galled the black community
05:18
jeb bush lost in 1994 but he won
05:21
in 1998 with only 10 percent of the
05:24
black vote
05:25
beyond measure by asking me to leave
05:27
florida forward into a new
05:29
and was asked you know what he was going
05:31
to do to
05:33
reassure black voters and he said
05:36
he said i guess i’m going to have to
05:38
reach out to that community
05:40
and what he did was reach out and take
05:44
away
05:45
almost all the affirmative action
05:46
programs in the state
05:50
furious the state’s black leaders
05:52
started to organize
05:54
we had one of the largest
05:55
administrations ever in
05:57
tallahassee at the state capitol
05:59
protesting against
06:01
governor jeb bush’s one florida
06:03
initiative
06:04
there is increased interest and it’s not
06:06
going to end with this year
06:08
blacks decided right then
06:12
that they were going to mount a voter
06:14
registration campaign
06:16
all the civil rights organizations from
06:18
around the country had
06:20
offices set up here in florida we did
06:22
tours around the state
06:23
going into rural communities urban
06:26
communities
06:27
community centers all the way up to
06:29
corporate buildings
06:30
we had cards that people signed that say
06:32
they were going to bring five people to
06:34
the polls with them
06:35
so it was an early voter mobilization
06:37
program
06:39
it’s a union it’s a statement all of us
06:40
coming together saying that we’re not
06:42
just
06:43
here we want to make a difference
06:48
their efforts paid off 65
06:52
more black voters went to the polls than
06:54
in the previous election
06:55
i’m voting democrat all the way but when
06:58
election day came
06:59
there were unexpected obstacles
07:02
as the precincts closed later that
07:04
evening we begin to get reports
07:07
hearing the student government
07:08
association from just different students
07:10
about
07:12
either not having their voter
07:13
registration card going to uh
07:16
their precinct that they had voted at
07:17
before and now being told that they
07:20
weren’t on the roster that their names
07:22
have been purged
07:23
many more irregularities were confirmed
07:25
when the naacp
07:27
held hearings a few days after the
07:29
election i
07:30
showed the poll worker my identification
07:34
and he looked at the role and he looked
07:36
at me and he said we have a problem
07:38
you’re not on the roll
07:39
i did nothing wrong i voted in this
07:41
county there’s no reason why i should
07:42
not have been on that role but i was not
07:44
on that role
07:45
and i was not allowed to vote these
07:47
irregularities were reported
07:48
throughout the state this effort is to
07:51
establish a record a public record
07:54
that will further assist the justice
07:56
department which doesn’t seem to be
07:58
actively trying to establish its own
08:00
record with respect to whether or not
08:02
there have been violations of civil
08:04
rights and civil rights law and maybe
08:06
but the most serious voting rights
08:07
violation was the misuse of something
08:10
called
08:10
the felon purge list there was some type
08:13
of
08:14
list of voters that were being purged so
08:17
that
08:17
votes voters were being removed from the
08:19
registries
08:21
by the secretary of state catherine
08:24
harris and by jeb bush’s office
08:28
the list was based on an old florida law
08:30
that prevents ex-offenders from voting
08:38
the law to deny ex-felons
08:41
the ability to vote was written into the
08:43
state constitution
08:45
in 1868 by ex-confederate soldiers
08:48
who did it because they were being
08:50
forced to allow blacks to vote by the
08:53
federal government
08:54
and so they wrote this law in
08:56
specifically
08:58
to deny as many blacks as possible
09:01
their franchise this law had only been
09:03
enforced haphazardly
09:05
and then in 1998 to toughen this law the
09:08
republican legislature called for a
09:10
computerized
09:11
central list of all ex-offenders in the
09:14
state
09:14
it was katherine harris’s job to ensure
09:17
the implementation of this list
09:20
but there were problems he came on the
09:22
phone he said well mr whiting
09:23
have you been to court yet i said well
09:27
sure
09:28
i was a federal juror
09:31
and uh he said oh no
09:35
he said no no no no he said you couldn’t
09:37
have been a federal juror
09:39
i said why is that he said because we
09:42
have you listed
09:44
as a convicted felon he said you’ve been
09:47
purged for my role this man had never
09:51
been arrested
09:52
the minister in the community but yet
09:55
they had identified him as a fellow
09:59
the bill that was passed by the
10:00
legislature called for the hiring
10:03
of a private data crunching firm
10:07
to identify individuals
10:10
who should be purged from the voter
10:12
rolls
10:14
database technology started to create
10:16
lists of
10:17
possible matches florida officials
10:20
told dbt to use loose parameters in
10:24
setting up the database
10:26
blacks represented more than half the
10:28
names on this purge list
10:30
since black’s vote over 90 percent
10:32
democratic the state’s instructions
10:35
eliminated thousands of democratic
10:37
voters from the rolls
10:39
and i’ll tell you how they did it they
10:42
said
10:43
don’t match middle initial don’t worry
10:45
about that date of birth
10:46
don’t worry about that it can be close
10:49
junior senior
10:50
don’t worry about that first name only
10:52
use the first four letters if the rest
10:54
of the letters don’t match don’t worry
10:55
about that
10:56
let me give you an example here’s johnny
10:59
jackson jr
11:00
he’s matched with a felon in texas
11:04
named john fitzgerald jackson you notice
11:07
that there’s no
11:07
junior he knows that there’s a
11:09
fitzgerald there’s no middle name
11:11
on the florida voter johnny is his legal
11:13
name
11:14
and yet this is john it’s not a complete
11:16
match when you’re talking about
11:18
somebody’s right to vote you don’t throw
11:20
out that wide net
11:22
and you don’t say even if the gender
11:24
doesn’t match
11:26
you know even if their race doesn’t
11:27
match you go ahead and consider that a
11:30
match
11:31
go to leon county which is tallahassee
11:33
the state
11:34
capitol where one election supervisor
11:38
had gone name
11:39
by name by name to verify the list that
11:42
we received
11:43
contained 690 felons supposedly
11:46
registered in leon county
11:48
when we spent an intensive two week
11:51
computer analysis of that data
11:53
we were able to confirm 33 of those 690
11:57
as felons 95 of the names that he
12:01
checked
12:01
were names of people who had never
12:03
committed a crime they just happened to
12:05
share a name
12:06
and a rough birthday with someone who
12:09
had committed a crime
12:11
marlene thoroughgood the project manager
12:14
for dbt had some doubts about these
12:18
purge lists
12:19
one of her emails says we’re going to
12:22
get a lot of false positives here that
12:24
means
12:25
people on the list we shouldn’t be there
12:28
and um
12:29
emmett mitchell iv assistant general
12:31
counsel for the division of elections
12:33
answered her and this was in late march
12:34
1999
12:36
that’s the way we want it see this guy
12:39
thomas cooper
12:41
thomas cooper was born in 1973 and then
12:44
it says he was convicted of a felony
12:48
on january 30th 2007.
12:53
the clerks wrote notes saying you know
12:56
they’re people convicted in the future
12:57
here
12:59
what should we do the answer from the
13:01
republican
13:02
functionaries was blank out the
13:04
conviction dates
13:06
and no one will know there are 4
13:09
000 blank conviction dates now you have
13:12
to understand under florida law
13:13
a supervisor who gets a list from
13:16
katherine harris
13:17
has to remove the name they have no
13:20
choice
13:21
unless they have specific evidence that
13:24
there’s an
13:25
error on that name how do the
13:27
supervisors figure that out what tools
13:29
do we have at our disposal other than
13:30
sending someone a letter
13:32
letters saying you’re listed as a felon
13:35
if that’s not true
13:36
send us documentations and papers and
13:38
we’ll check it out
13:39
people were considered guilty
13:43
and had to prove themselves innocent to
13:46
the state
13:47
before they could be allowed to vote i
13:49
mean in our county for example we had
13:51
about 300 names that we never even sent
13:53
those folks letters because they were
13:54
not matches at all according to us
13:57
we didn’t even bother going down that
13:59
road the names were vastly different
14:02
we’re finding out we’re going county to
14:03
county finding out that at least 15
14:05
percent at least
14:06
15 of the people removed from the voter
14:10
rolls
14:12
were innocent of any crime that’s 8 000
14:15
voters half of them are black
14:16
93 of all black voters in florida voted
14:20
al gore
14:21
will you do the arithmetic and there’s
14:24
there’s the presidency
14:30
catherine harris who’s in charge of the
14:32
entire voter purge project
14:34
she’s also the the co-chair
14:38
of the george w bush for president
14:40
campaign in florida
14:41
clayton roberts the director of the
14:43
division of elections under katherine
14:45
harris
14:45
was asked why this list was so
14:48
inaccurate and who was responsible
14:50
they do what we contract them to do we
14:53
have a statute that says we have to have
14:54
a private company to do this we put it
14:56
out for bid they got the bid and i think
14:58
i’m done with this interview wait well
14:59
let me just
15:00
let me just show you the contract if i
15:01
could mr roberts right it says here
15:03
right in the contract that the
15:04
verification is supposed to be done
15:06
by dbt that you paid them four million
15:08
dollars the state of florida would not
15:11
spend a hundred thousand dollars
15:13
in voter education but the state of
15:16
florida spent
15:17
four million dollars identifying
15:20
felons then county election supervisors
15:23
found another flaw
15:25
ex-offenders from other states who had
15:28
their voting rights restored
15:29
were also purged my rights were taken
15:32
from me
15:32
my rights were stripped unlike other
15:35
people when i came from new york city i
15:36
came from new york city i had right to
15:38
vote
15:39
but when i went to vote one day and
15:41
applied to vote i was told that i
15:42
couldn’t vote
15:43
and i said what do you mean i can’t vote
15:45
he said well because you’re a felon
15:46
i said i know i’m a felon i don’t have
15:48
anything to hide from you well felons in
15:50
this state can’t vote i said well you
15:52
mean felons in this state snake handle
15:54
they mention that they wrote a note to
15:56
catherine harris’s office saying
15:58
well we’re not supposed to purge these
16:00
people are we and they got back a note
16:03
from jeb bush’s office saying if there’s
16:06
someone from another state
16:08
who comes into florida with their civil
16:09
rights but may have had a record
16:11
they have to ask jeb bush for permission
16:13
to vote that position
16:15
has been rejected by the state supreme
16:18
court
16:18
by a federal court it was clearly
16:21
illegal
16:22
for them to insist that people have to
16:25
go through
16:26
the clemency process if they came from
16:28
another state in which their rights were
16:30
automatically restored
16:31
over 2 800 ex-felons who had moved to
16:34
florida and whose voting rights had been
16:36
restored
16:37
were illegally purged from the voter
16:40
rolls
16:41
90-93 percent of people who come out of
16:43
prison
16:44
vote democratic so they knew exactly who
16:47
they were removing from the voter rolls
16:49
there was no guesswork
16:51
here you had a republican governor
16:55
whose brother was running as a
16:58
republican for president of the united
17:00
states
17:01
deciding how many of these potential
17:04
democratic votes
17:05
were going to be cast in january 2001
17:09
the u.s commission on civil rights held
17:12
hearings in florida
17:13
on voting irregularities the commission
17:16
heard testimony from george breuter
17:18
project manager for dbt there’s no doubt
17:21
the list included a number of what we
17:22
call
17:23
false positives as the division of
17:25
election required
17:26
the exceptions list to be very broad we
17:29
advise the state of the likelihood of a
17:31
significant number of
17:33
false positives and made recommendations
17:35
to reduce those numbers
17:37
however and i quote we wanted these
17:39
lists to be fairly broad
17:41
and encompassing said emmett bucky
17:43
mitchell
17:44
a former division of elections lawyer
17:46
who headed the purge effort
17:48
it’s databases a secretary of state
17:54
who is a chairman of a political
17:55
campaign working with the brother of the
17:57
presidential candidate
18:00
we thought that the issue of race and
18:02
voting was
18:03
settled in 1965 after the assassination
18:06
marketing for king voting rights act of
18:08
65.
18:10
now we’re back to the basic issue do
18:13
black people have the right to vote
18:14
except this time it’s not george wallace
18:16
standing in the doorway of a schoolhouse
18:18
saying segregation now and forever
18:20
now it’s done quietly and with computers
18:32
i don’t think anybody who went to bed
18:34
last night could imagine
18:35
waking up this morning and not knowing
18:37
who the president of the united states
18:39
the morning after the election a
18:41
startling picture emerged
18:43
al gore is the winner of the national
18:45
popular vote
18:46
but the state of florida whomever wins
18:48
there
18:49
wins the white house the margin was so
18:52
narrow
18:52
the miami herald prepared three versions
18:55
of the morning paper
18:56
the daily mail president who it says out
18:59
of more than
18:59
six million ballots cast bush was ahead
19:02
by just
19:03
over seventeen hundred votes less than
19:06
three one hundredths of a percentage
19:07
point
19:08
florida law requires a machinery count
19:11
if the difference is less than one half
19:13
of one percent
19:14
so the division of elections ordered all
19:16
67 counties to recount the supervisors
19:19
of elections are
19:22
complying with our request to try to get
19:24
the recount done by this evening
19:25
the recount that’s occurring in florida
19:27
is an automatic recount based on state
19:29
law it was not requested by the gore
19:31
campaign
19:32
and we’ve gone through those before but
19:34
there were and still
19:35
are questions about how complete this
19:38
mandatory recount really was
19:40
to this day there has not been a true
19:42
statewide recount
19:44
as mandated by state law a lot of
19:46
counties just
19:47
kept their original numbers or just
19:49
double checked one machine to make sure
19:50
one machine didn’t work
19:52
even with this partial recount george
19:54
bush’s lead
19:55
started to shrink the initial
19:58
election night result had bush ahead
20:01
of gore by a little over 1700 votes by
20:04
the time the machine recount
20:06
was completed that margin was 350 votes
20:10
so it became clear that the numbers were
20:13
changing to gore’s favor officials from
20:17
both campaigns immediately flew to
20:19
florida
20:20
the stakes are high and the
20:22
circumstances demand responsibility by
20:24
both political parties
20:25
to ensure that there is not the
20:27
slightest appearance
20:29
of a conflict of interest i have chosen
20:31
to recuse myself
20:32
from serving on the elections canvassing
20:35
commission
20:36
florida law requires that my replacement
20:38
on the commission be appointed by the
20:40
director of the division
20:41
of elections in the department of state
20:44
after the election
20:45
jeb bush was highly active hustling in
20:47
every way to set
20:49
the stage for the recount because he
20:50
knew there would be a recount in the
20:52
middle of the night
20:53
on election night his legal counsel
20:55
stepped down
20:56
as legal counsel for the governor’s
20:58
office and went to work for the bush
21:00
campaign
21:01
as did a number of other aides in his
21:03
office key aides who moved over
21:05
instantaneously to the bush campaign
21:07
they contacted all of the bush political
21:09
apparatus
21:10
around the entire state of florida and
21:12
said your job
21:14
the governor says your job is
21:17
to deliver for this campaign after the
21:20
machine recount
21:21
officials revealed that thousands of
21:23
ballots did not register a vote for
21:25
president at all
21:26
with al gore trailing by only 357 votes
21:30
those unread ballots became crucial i
21:33
was
21:33
amazed to hear that there were about 175
21:37
000 ballots
21:38
in the state of florida that the
21:39
machines had not read either under votes
21:41
or overvotes
21:42
and i thought to myself and i think a
21:44
lot of us thought
21:46
okay well let’s find out who won those
21:49
some of these ballots were rejected
21:51
because of malfunctioning voting
21:52
machines
21:53
people could not punch all the way
21:55
through the ballots
21:56
the machines in palm beach county had
21:58
not been cleaned out for two years
22:01
and there’s no way that you can punch
22:04
through other ballots were rejected
22:06
because some counties had confusing
22:09
ballot designs
22:10
like the infamous butterfly ballot in
22:12
palm beach county
22:14
i know that bush is first on the ballot
22:16
and i know
22:17
that gore will be second because here’s
22:19
his name second so i pressed the hole
22:21
for second
22:22
then i realizing my error i
22:26
pressed the hole for gore looking at the
22:28
ballot laid out incorrectly i voted
22:30
incorrectly
22:31
the arrow went to a place between two
22:34
holes
22:35
we had about 19 100
22:39
votes that’s what an overvote is a
22:41
double punch
22:43
what a lot of people don’t know is that
22:44
many counties in florida had something
22:46
called the caterpillar ballot
22:48
that was where the names moved like a
22:50
caterpillar from row to row
22:52
at the same time people are told to vote
22:55
on every page
22:56
if you voted on every page your
22:59
ballot would be void because on two
23:02
pages
23:04
we had presidential candidates on
23:06
november the 10th
23:08
they announced that dewalt county
23:12
was throwing out 27
23:15
000 votes 16
23:19
000 of them was in precincts
23:22
that vote 98 percent
23:26
democratic although the machines could
23:28
not read these ballots
23:29
very often the voters intention could be
23:32
determined by manual examination
23:34
so the democrats requested a manual
23:37
recount of these ballots
23:39
it is wrong simply wrong and i would
23:42
submit not fair
23:43
to say as our opponents do over and over
23:46
that these votes
23:48
have never been counted they’ve been
23:50
counted
23:51
just like all of the other non-votes
23:54
the only four counties in which hand
23:57
counts were requested
23:58
were counties where there was real
24:00
anomalies that showed up
24:02
real irregularities the gore campaign
24:04
petitioned four counties for manual
24:06
recounts
24:07
they picked counties which had reported
24:10
numerous irregularities on election day
24:12
counties which were heavily democratic
24:15
miami-dade
24:16
broward palm beach and volusia
24:19
what is at stake is the integrity of our
24:22
democracy
24:23
making sure that the will of the
24:25
american people
24:27
is expressed and accurately
24:30
received this is ballot one
24:35
the manual recounts in the four counties
24:37
began but the gore campaign
24:39
never requested a statewide manual
24:42
recount of
24:43
all 175 000 unread ballots
24:49
that decision was contrary
24:53
to just basic recount strategy
24:57
the basic rule is if you’re behind you
24:59
ask to recount
25:01
everything there are other options that
25:04
we have before us and
25:05
we’re going to hold on to those options
25:07
for the present time the early decision
25:09
not to go for an across-the-board
25:12
recount of everything
25:14
in a very real way limited the options
25:16
that would be available
25:18
at a subsequent date more important than
25:21
whether or not it achieved its political
25:23
ends is the fact that
25:25
he was rhetorically saying count every
25:27
vote and he uh
25:29
he was not trying to count every vote i
25:32
mean we went through this long
25:34
discussion about whether these ballots
25:36
over both overvotes and undervotes
25:38
should be reviewed or not
25:39
but florida law i think dictated that
25:42
they should be looked at
25:43
ballot 67 is a vote for gore a
25:45
canvassing board
25:46
may not reject a ballot where the intent
25:50
is clear
25:51
to reject a ballot you must first look
25:53
at it
25:54
you can’t just throw it out because it
25:57
didn’t go through the machine
25:58
the law is clear and damaged ballots
26:01
must be reviewed by the canvassing board
26:03
and those that are marked improperly
26:06
it’s a big task but the law is clear
26:10
manual recounts of punch cards
26:14
have been done literally thousands and
26:16
thousands of times
26:17
throughout the history of our country
26:20
and they
26:20
always come out more accurate than the
26:23
machine count
26:24
election night but the republicans began
26:27
to advance the idea that there was
26:28
something wrong with manual recounts
26:31
the nation has left manual counting in
26:34
favor of machine counting
26:36
because it is less subject to human
26:38
error
26:39
and potential mischief the state of
26:42
texas
26:43
recently enacted a law signed by
26:45
governor bush providing for a hand count
26:47
as the best way to reach an accurate
26:49
result in certain disputed situations
26:52
there’s been a lot of talk about the
26:53
texas manual
26:55
recount provision it says a dimple chad
26:58
can be considered only where
27:01
it it also is accompanied by
27:05
a clearly ascertainable intent of the
27:08
voter to vote
27:09
they were completely mocking the idea of
27:11
hand recounts when in fact
27:14
george bush as governor of texas in 1997
27:17
had signed one of the most liberal hand
27:19
recount laws
27:20
that exists into law
27:24
basically the same law that they were
27:25
mocking in florida
27:28
if you’re ahead you try to prevent
27:31
any recount from occurring we’re not
27:33
judging the republican strategy by
27:35
what’s in the public interest
27:37
the gore strategy has to be judged by
27:40
the same standard what was in the best
27:42
interest
27:43
of their client brushing aside the
27:45
manual recounts
27:47
george bush began planning his
27:49
transition team to the white house
27:51
then the republicans launched a campaign
27:53
to discredit the standards
27:55
used to assess the ballots to suggest
27:57
just bumping it
27:58
is a vote just touching it is a vote
28:02
is a manifest injustice what’s going on
28:05
upstairs is theater
28:07
democrats are sitting very quietly
28:09
watching this count proceed while the
28:10
republicans are doing their best to make
28:12
sure that we do not get a full count
28:14
we have people bending ballots we have
28:16
chad starting to fall out on the tables
28:18
over there
28:20
that’s absolutely false it is a very
28:22
calm process
28:23
nothing like that is happening
28:25
whatsoever so they now argue that a
28:27
punch card vote
28:29
should count even if there appears
28:33
to be only an indentation
28:36
this of course is the famous dimple chad
28:39
you can’t make a dimple by mistake you
28:42
make it because the equipment fails you
28:44
um and that’s and that’s pretty clear
28:48
what we had argued was that the voter
28:50
intent rule that’s probably most
28:52
reflective
28:53
by uh oddly enough the texas statute
28:57
that george bush signed into law
29:00
is what should have prevailed in florida
29:03
that says you look at the totality the
29:05
ballot
29:07
i mean any analysis any examination of
29:10
those ballots
29:11
through a completely legitimate method
29:13
of a recount
29:15
which happens all the time in america
29:17
any examination of those ballots shows
29:19
that there are some votes there
29:21
as the recounts continued the
29:22
republicans carried their battle to
29:24
federal court
29:26
and therefore this morning we have asked
29:28
that the united states district court
29:30
for the southern district of florida
29:33
they wanted this in federal court they
29:35
did not want this in state court
29:37
federal courts are known to be more
29:38
conservative and state courts
29:40
especially in florida are known to be
29:41
more liberal
29:43
while the courts considered the
29:44
republican lawsuit secretary of state
29:47
harris announced that there would be no
29:48
extension of the deadline
29:50
to certify the election that deadline
29:54
is november 17 2000.
29:57
catherine harris was a very smart
30:00
political operative
30:01
who had aggressively been trying to
30:03
position herself to be a player
30:05
in florida and national politics she had
30:08
played a very very active role in the
30:11
bush campaign
30:13
had gone up to new hampshire during the
30:15
new hampshire primary to campaign for
30:17
him
30:18
which a lot of elections officials in
30:20
the state were really surprised
30:22
at because she’s the chief elections
30:24
officer of the state
30:26
this is the woman who florida was
30:27
counting on for fair and impartial
30:29
leadership during this recap
30:31
the democrats asked a florida court for
30:33
an extension of the deadline
30:35
but were denied the judge told harris
30:38
that she could reject the manual
30:39
recounts
30:40
but would have to have a good reason
30:43
harris promptly asked the counties to
30:45
justify their manual recounts
30:47
county officials replied immediately and
30:50
harris responds i’ve decided it is my
30:52
duty
30:53
under florida law to exercise
30:57
my discretion in denying these requested
31:00
amendments palm beach county was furious
31:04
this board has now been mandated by the
31:07
chief election officer of the state of
31:09
florida
31:10
not to count the votes of the people of
31:13
palm beach county
31:14
you have a binding opinion from the
31:16
division of elections what happens do we
31:18
go to jail because i’m willing to go to
31:20
jail
31:20
i just i just felt it
31:25
the democrats appealed to the florida
31:27
supreme court
31:32
supreme court of the great state of
31:34
florida
31:35
the court ordered harris to delay
31:37
certification until it could rule on the
31:39
case
31:40
during the delay the manual recounts
31:43
continued
31:44
both democratic and republican observers
31:46
sat and watched the counting of each
31:48
ballot
31:49
but the two camps fought over the
31:51
process
31:53
there’s never been a uniform standard
31:55
from the very beginning that’s lasted
31:57
all the way through
31:58
when it comes to talking about which of
32:00
these ballots are going to be counted
32:01
and which ones are not
32:02
it is obvious that you know that you
32:05
can’t get this election any other way so
32:07
what are we going to do recount
32:09
all of these votes again you’ve told
32:11
these lawyers
32:12
to go bring you more votes and i assume
32:14
we’re going to keep bringing them to you
32:16
until such time as you’ve got a thousand
32:18
votes and i think that’s what you’re
32:20
looking for all right mr sharer you’re
32:21
out of line
32:22
okay okay and we’ll go ahead and recess
32:25
i’ll ask the deputies to clear the
32:26
courtroom and mr shurer is not
32:28
welcome back in this room he can watch
32:29
the proceedings from outside
32:31
they did everything they could to slow
32:33
it down
32:34
there’s there’s one point in time i
32:36
remember that
32:38
bill sharer the republican lead counsel
32:42
came into the canvassing board and just
32:45
leveled a bunch of false accusations at
32:47
the
32:47
canvassing board about how they were
32:49
counting the votes and he served
32:50
subpoenas on them and
32:52
they had to shut down the counting
32:53
temporarily because the canvassing board
32:55
members had to run to court
32:57
to go appear before the judge talk about
32:59
whether or not we were eating chads
33:01
as the deadline approached republicans
33:03
turned their attention to another arena
33:06
the overseas absentee ballot thousands
33:08
of miles here away in kosovo
33:11
and uh our absentee ballots are you
33:13
could come down to our absentee ballots
33:14
making the vote
33:16
it’s really kind of an exciting time for
33:17
us makes the military all of us here
33:20
pretty much feel like
33:21
we can make the election according to
33:24
florida law
33:25
absentee ballots must be postmarked or
33:27
signed and dated
33:28
by election day democrats sought to
33:31
disqualify ballots
33:33
which did not follow these rules what is
33:35
this one chair here
33:38
apo december december it’s not even
33:41
december yet
33:43
a targeted effort by the democratic
33:45
party
33:46
sought to throw out as many as a third
33:49
of the overseas absentee ballots
33:51
received since election day
33:53
many of them the votes of the men and
33:56
women
33:56
of our united states armed forces who
33:59
are serving the cause of freedom
34:00
throughout the world the rules that we
34:03
tried to impart to our people were the
34:04
rules for everybody
34:06
civilians and military it became
34:10
the military can vote no matter what
34:14
and that was the chant that was picked
34:16
up by the republican lawyers
34:17
subsequently and that’s how they are
34:18
able in my view to brow beat
34:22
canvassing boards around the state into
34:24
accepting votes that were
34:26
illegal as hell there were widespread
34:29
counties that counted ballots that were
34:31
patently not legal you know because they
34:33
were postmarked after the election
34:35
or they were from people who weren’t
34:36
even registered to vote in the county a
34:38
new york times investigation
34:39
found 680 illegal absentee ballots
34:43
included in the official results
34:45
certified by catherine harris and only
34:48
the performance that bush the boost he
34:51
got from the absentee overseas ballots
34:53
that were certified 10 days later
34:55
that’s where he got his official margin
34:57
of 537 votes
35:03
the democrats lost votes to this
35:05
republican strategy
35:06
but they received good news on the legal
35:09
front the florida supreme court moved
35:11
the deadline for the hand recount
35:13
to november 26th republicans immediately
35:17
appealed to the united states supreme
35:19
court
35:20
and stepped up pressure on the local
35:22
election boards
35:30
raucous demonstrations uh including by
35:34
uh congressional aides that had
35:36
republicans who had been flown in from
35:38
from washington
35:39
[Music]
35:39
[Applause]
35:41
there became this this pounding on the
35:44
doors and
35:45
and really kind of a republican mini
35:49
riot
35:51
in miami the demonstration was led by
35:53
republican staffers
35:55
[Applause]
35:57
the canvassing board when they did
35:58
reassemble publicly
36:00
just decided to stop counting altogether
36:14
broward county recount faced similar
36:17
pressures
36:19
[Applause]
36:21
we will not let a group of paid
36:23
political operators from out of state
36:25
come into broward county and stop the
36:27
fair and accurate count
36:28
that’s going on in broward county when
36:30
the deadline arrived in broward county
36:32
there was a net gain of 563 votes for al
36:36
gore
36:37
volusia county showed a net gain of 96
36:40
votes for gore
36:41
palm beach county was not able to finish
36:43
by the deadline
36:45
they filed what they had completed and
36:47
continued counting
36:48
but katherine harris rejected these
36:50
returns
36:52
palm beach county has submitted a
36:54
document that purports to be an amended
36:56
return
36:57
but contains two different compilations
37:00
of the presidential vote
37:03
the miami-dade recount had been shut
37:06
down
37:06
so no returns were filed
37:12
on november 26th catherine harris made
37:15
the official announcement
37:17
on behalf of the state elections
37:20
canvassing commission
37:23
and in accordance with the laws of the
37:25
state of florida
37:27
i hereby declare governor george w bush
37:30
the winner of florida’s 25 electoral
37:33
votes for the
37:34
president of the united states the game
37:37
seemed lost for the democrats
37:39
but they approached the florida courts
37:41
to contest the election
37:42
one last time
37:44
[Music]
37:45
then a stunning announcement by a vote
37:48
of four to three
37:50
the majority of the court has reversed
37:52
the decision of the trial court in part
37:54
the circuit court shall order a manual
37:56
recount of all undervotes
37:58
in any florida county where such a
38:00
recount has not yet occurred
38:02
we have no alternative other than to
38:05
appeal once again
38:06
to the supreme court of the united
38:08
states for relief
38:11
we have already put in motion the
38:13
process
38:14
to do that that recounting started on
38:17
the morning of december the 9th
38:19
at 8 am three hours later the united
38:21
states supreme court granted an
38:23
emergency stay
38:25
stopping the recount ordered by the
38:26
florida supreme court
38:28
we look up to the united states supreme
38:30
court as a revered institution like no
38:32
other
38:33
and if we can’t rely on them to be above
38:35
the fray to be above politics
38:37
whom can we rely on a very unusual
38:41
late night ruling from the united states
38:43
supreme lawyers students and history
38:44
buffs
38:45
line up to grab a copy of the ruling
38:47
that ended it all court rules five to
38:48
four that the recount ordered by the
38:50
florida supreme court is so
38:51
flawed there’s no way to start it up
38:53
again and make a decision ending any
38:55
lingering hope of a recount
39:00
the supreme court’s a political
39:01
institution and we should be clear about
39:03
that
39:04
politics is inextricably bound up with
39:07
the interpretation of the law
39:08
there’s no use in pretending as if most
39:11
of the time the supreme court acts like
39:12
judges and in this one case they acted
39:14
like politicians no
39:15
they politics is always part of what
39:17
they do
39:18
they based their ruling on
39:21
the allegation that in florida
39:24
because there was a lack of a uniform
39:26
standard of counting
39:28
votes this violated the equal protection
39:29
clause of the 14th amendment
39:31
to the united states constitution if one
39:33
applied the standard that the court
39:35
wanted to use
39:36
it would probably invalidate all the
39:38
elections in the country you couldn’t
39:39
take them
39:40
them seriously in that the notion that
39:43
all voters
39:44
should have their voted vote count
39:46
equally would for instance mean
39:48
that if different voting machines
39:50
operate differently
39:51
then a state couldn’t have different
39:52
voting machines in different precincts
39:55
all states do that the united states
39:57
supreme court
39:58
also ignored long-standing florida court
40:00
rulings which permit
40:02
hand recounts the florida courts had for
40:05
75 years had a governing principle
40:08
that the intent of the voter prevails
40:11
over
40:12
technicalities really saying that the
40:14
votes the ninth
40:15
and that’s been florida law 75 years the
40:18
supreme court simply ignored it
40:20
they didn’t quote that provision of
40:22
florida law
40:23
they made believe it didn’t exist
40:26
the dissenting u.s supreme court
40:28
justices all four of them
40:30
said if you’re really serious about the
40:32
fact is
40:33
that there’s an equal protection
40:34
violation here and we don’t want that we
40:36
want a uniform standard
40:38
there’s a very simple solution send the
40:39
case back to the florida supreme court
40:41
with instructions
40:42
to come up with a uniform standard and
40:45
then continue the vote for six more days
40:47
the court majority then ruled that their
40:50
decision would apply
40:51
only to the bush versus gore case
40:54
the supreme court turned a blind eye to
40:57
the actual disenfranchisement
40:59
of tens of thousands of voters in
41:01
florida and said we’re going to use
41:02
equal protection
41:03
to freeze the voting because the
41:06
pregnant chads might be treated
41:07
differently in one county than in
41:08
another
41:09
it’s got nothing to do with anything
41:10
that would actually benefit people
41:13
legal scholars say this is probably the
41:14
first time in the 210 year history of
41:17
the united states supreme court
41:19
that the court limited its ruling to the
41:21
case in front of it
41:22
they knew that if that ruling were
41:24
applied elsewhere it would invalidate
41:26
elections throughout the entire country
41:28
so what did they do they said we’ll
41:30
solve the problem
41:32
we’ll apply it only to this case right
41:35
here
41:36
the u.s supreme court has precise rules
41:39
on when a judge should take himself or
41:42
herself
41:43
off a case anton and scalia’s two sons
41:47
both worked for law firms that had
41:48
represented the bush campaign
41:50
in the recount process after the recount
41:53
process
41:53
one of his sons received a top-level
41:56
appointment
41:58
by the bush administration to be the
42:00
legal counsel for the labor department
42:03
it is unreasonable to suggest that
42:05
antonin scalia did not understand
42:07
those potential advantages it is equally
42:10
unreasonable to suggest that clarence
42:12
thomas
42:13
whose wife had the role of reviewing
42:15
resumes
42:16
for potential bush appointees
42:19
is unreasonable suggests that he
42:20
couldn’t have recognized that there was
42:22
a a clear conflict there that
42:24
that his wife’s role would be enhanced
42:27
advantaged
42:28
by a bush victory justice sandra day
42:31
o’connor
42:32
she said in front of witnesses that she
42:34
was very very upset
42:35
she said this is terrible when the
42:37
projections were that
42:39
gore would win the election her husband
42:40
explained to the crowd
42:42
that it was terrible because she uh
42:44
wanted to retire and would only retire
42:46
if a republican could name her successor
42:50
the four justices who opposed the
42:52
majority each wrote a dissenting opinion
42:55
the most forceful was justice stevens
42:57
who wrote
42:58
although we may never know with complete
43:00
certainty the identity of the winner of
43:02
this year’s presidential election
43:04
the identity of the loser is perfectly
43:06
clear
43:07
it is the nation’s confidence in the
43:09
judge as an impartial guardian of the
43:11
rule of law
43:14
in november 2001 a media consortium
43:16
which included the washington post
43:18
orlando sentinel new york times and los
43:21
angeles times
43:22
released the results of a thorough
43:24
analysis of florida’s unread ballots
43:27
based on what is marked on the ballots
43:30
if you look at every ballot it would
43:32
indicate that
43:34
more people voted for gore we found
43:36
anywhere from
43:37
two thousand to twenty five ballots out
43:40
of these 175
43:41
000 ballots were in fact
43:44
legal votes the reason why there’s a lot
43:46
of retrievable overvotes
43:48
is this pattern on particularly on
43:50
optical ballots where people
43:52
vote the candidate and then they go to
43:54
the bottom of the ballot and at the
43:55
bottom
43:56
after the candidates it says write in
43:57
candidate name
43:59
well a lot of people followed that
44:00
instruction they wrote it in again
44:02
the state law that was in play during
44:04
the election
44:06
specifically says you have to count such
44:08
ballots as votes
44:10
it is only when the state’s undervotes
44:12
were counted that
44:13
george bush would have retained his lead
44:20
well how can some counties be counted
44:22
and others not counted without
44:24
discrimination
44:29
i i don’t think that they can but there
44:31
are some
44:33
counties where the supervisors have
44:35
interpreted
44:36
the statutes to not require a machine
44:39
recount
44:40
in that automatic machine recount the
44:43
people who
44:44
commit a kind of voter fraud regularly
44:47
in american elections are the people who
44:49
run those elections
44:51
and they do have an incentive because
44:53
american elections
44:54
are not run by non-partisan officials
44:59
american elections are run by the
45:01
parties it’s a way of fixing
45:03
elections by trying to make it less
45:06
likely that some people vote than
45:08
other people don’t i think he himself
45:10
his own instincts
45:11
from what i’ve read subsequently were
45:14
that he should go for
45:15
a statewide hand count but he was talked
45:18
out of it by
45:19
some of his advisors after the election
45:22
their job was to make sure that
45:24
that the votes were counted all the
45:26
votes not just their own
45:28
they got so concerned about finding the
45:30
500 votes that they needed
45:32
that they forgot their broader
45:33
responsibility so in the end they
45:35
settled on these four democratic leaning
45:38
counties
45:39
and instead of getting or asking for a
45:41
statewide recount
45:43
of all 175 000 ballots that were unread
45:46
they focused on these four and uh
45:50
i think that was a mistake i think that
45:53
was a serious mistake
45:54
but the gore camp would have won they
45:58
would have
45:58
they would have pulled this thing off
46:00
had they been good citizens
46:02
had they actually gone out and said we
46:03
really do want every vote counted and we
46:05
want to make sure that everybody’s
46:06
treated fairly
46:09
it’s a hard task for an african-american
46:11
person to really go out and vote
46:13
because we not we’re not sure whether
46:15
this person is really far
46:16
or against us friends people think that
46:18
this is this election coming up that is
46:20
going to be all right
46:21
it’s not going to be all right they have
46:23
plans for us they have the money
46:24
and they have the plan because if you
46:26
take these same people back to the poll
46:29
again and this happen again you know
46:31
what’s going to happen at the next
46:32
election
46:33
no one is going to show up that’s what
46:35
they want you to do they want you to get
46:37
discussed that’s the problem playing
46:39
okay you don’t want
46:40
we got to keep on fighting and keep on
46:42
you can’t you can’t give up
46:44
always remember that one person can make
46:47
a difference
46:48
in this world but then you’ve got to get
46:50
out and organize
46:52
the idea is to build a new generation of
46:55
young people
46:56
who are thinking about about voting
46:59
rights about electoral reform and about
47:00
the weaknesses and democracy and how
47:02
they tie to the issues that they care
47:03
about
47:04
we recognize that this strange and
47:06
sometimes twisted democracy that we have
47:09
is our democracy nonetheless it is what
47:11
we make it
47:12
and so as stewards of that democracy i
47:14
think we have a very
47:16
special responsibility to make sure that
47:18
we improve upon it
47:20
and that we leave a democracy and a
47:22
democratic form of government and quite
47:23
frankly a republic to the next
47:25
generation
47:26
that they can be proud of and recognize
47:28
that it is one
47:29
that has survived the test of time and
47:31
it will survive this and it will get
47:32
better because of this
47:37
in january 2001 a coalition of civil
47:40
rights groups
47:41
filed a lawsuit against catherine harris
47:44
the florida division of elections
47:46
and database technologies alleging
47:48
discrimination
47:50
in the state’s electoral system the
47:52
following year the parties reached a
47:54
settlement
47:55
as part of the settlement database
47:57
technologies identified voters
48:00
who were wrongfully purged from the
48:01
rolls and the florida division of
48:03
elections
48:04
agreed to restore those voters
48:07
conservative estimates show that there
48:09
were
48:09
more than enough wrongfully purged
48:11
voters to change the results of the
48:13
presidential election
48:15
the united states department of justice
48:17
investigated alleged irregularities in
48:20
florida during the 2000
48:21
presidential election justice department
48:24
officials
48:25
found that three florida counties failed
48:27
to provide
48:28
proper language assistance to voters
48:31
however
48:32
they dismissed all other alleged voting
48:34
rights violations
48:37
while this chapter of american history
48:38
came to a close
48:40
a new set of challenges to our
48:41
democratic system emerged
48:44
in 2002 congress passed federal
48:46
legislation to replace outdated voting
48:49
systems
48:50
many states responded by purchasing
48:53
fully computerized
48:54
touch screen voting machines
48:58
[Music]
48:59
the help america vote act provides
49:01
billions of dollars in federal funding
49:03
to states that
49:05
eliminate older voting systems which are
49:07
specifically described as the punch card
49:09
and the lever voting machines
49:11
people say there’s been no fraud in
49:14
touch screen machines well
49:15
nobody really knows whether there’s been
49:16
fraud or not there’s absolutely no way
49:18
to check
49:19
in an electronic voting system the
49:21
people who have direct access to the
49:23
votes are
49:24
the programmers and also the support
49:26
technicians
49:28
i called some programmers i said if you
49:31
wanted to rig one of these machines
49:32
how would you do it and they would tell
49:34
me how you would go about it
49:36
precisely and these were people who had
49:38
worked with the machines
49:39
i walk up to the voting machine and
49:41
instead of touching the candidate that i
49:43
want i get
49:44
four fingers out and i put them in
49:45
particular spots on the screen at the
49:47
same time
49:48
and i enable a secret mode that nobody
49:50
knows about but i
49:51
have a contact who was one of the
49:53
programmers of this machine and at that
49:55
point i
49:56
it changes a tally to to make 90 percent
49:58
of the votes be for the candidate i
50:00
wanted
50:01
in georgia some unexpected election
50:04
results
50:04
undermine voter confidence in the new
50:07
technology
50:08
georgia made a bulk purchase of touch
50:11
screen
50:12
unauditable machines and georgia had six
50:15
upsets you had a republican for the
50:18
first time since the civil war
50:20
gained control of the governor’s office
50:21
which totally flew in the face of the
50:23
polls prior to that
50:25
and so georgia was really disturbing
50:29
and nobody could check what happened in
50:31
georgia because there was no way to
50:33
recount anything or audit anything
50:35
to complicate matters voting machine
50:37
manufacturers limit public oversight
50:40
claiming the vote counting software is
50:42
their private property
50:45
if you have a situation as we do now
50:47
where
50:48
there isn’t a way of holding the private
50:50
contractor accountable
50:51
if their machines make certain kinds of
50:53
mistakes and furthermore
50:55
if you have the elections offices being
50:57
intensely dependent
50:59
upon the technology expertise of the
51:01
vendors
51:02
i think you have a very bad situation
51:04
and when anybody asks them how does the
51:06
machine work can we see the design of
51:07
the machine can we see the code
51:09
the voting machine companies say no
51:11
that’s proprietary
51:13
the owners and board members of
51:15
companies that manufacture touch screen
51:17
voting systems
51:18
have unsettling conflicts of interest
51:21
some actively raised money
51:23
for political parties and candidates and
51:26
one elected official
51:28
was the head of a voting machine company
51:30
a company
51:31
whose machines would later count his
51:34
votes
51:36
senator chuck hagel had owned and been
51:38
the
51:39
chairman and ceo of the company that
51:41
counted his votes
51:43
and he had not disclosed it on his
51:44
disclosure documents
51:46
he would list that he was a volunteer
51:47
for the red cross but he would omit that
51:49
he was chairman of a voting company
51:52
we found out that 80 percent of the
51:54
state of nebraska was counted on the
51:55
machines that his company built while he
51:57
was the
51:58
chairman of the company at the time this
52:01
film was produced
52:02
congressman rush holt introduced
52:05
legislation
52:06
requiring all electronic voting machines
52:09
to produce a paper record
52:11
of each vote companion legislation
52:14
was introduced in the senate it was
52:17
apparent to me
52:18
as a as a physicist a technical sort of
52:21
person
52:22
that things could go wrong that means
52:24
that we need
52:25
another kind of audit a backup
52:28
a piece of paper is durable and
52:31
transparent
52:32
to anyone who wants to look at it
52:34
whereas a piece of digital data is
52:36
ephemeral
52:37
and can be changed like that and nobody
52:40
would know about it
52:41
you shouldn’t have to trust computer
52:42
scientists we don’t want them running
52:44
the world
52:44
and you shouldn’t have to trust
52:46
politicians you should be able to verify
52:48
for yourself
52:49
that your vote counted and that there’s
52:51
some hope
52:52
that in a recount your vote will
52:53
continue to count
52:55
[Music]
52:56
people have to act now i mean basically
52:58
elections have been handed over to the
52:59
election
53:00
community which consists of vendors
53:02
election officials and the people who
53:03
orbit around them
53:05
as a rule they’re gung-ho for this
53:07
conversion to touch screen machines
53:09
stopping that is going to depend on the
53:11
american people it has to be
53:13
a grassroots effort to persuade the
53:15
people
53:16
that represent us this is not what we
53:18
want we want a system we can trust
53:22
the united states was founded on the
53:24
principles of democracy
53:27
equality and individual freedom the
53:30
survival of our republic
53:31
is our responsibility elections provide
53:34
us the opportunity
53:36
to uphold these ideals by participating
53:39
in our democracy and exercising and
53:42
protecting
53:43
our precious right to vote
53:46
i’m danny glover i encourage you to
53:48
exercise your right to vote
53:57
[Music]
54:21
[Music]
54:47
[Music]
55:39
[Music]
56:03
[Music]
56:19
[Music]
56:39
[Music]
57:06
you
—
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