Dayton Daily News: Missing Votes

The Dayton Daily News (registration required) breaks this news of yet another isolated glitch which, like all isolated glitches, favored George W. Bush:

Two Montgomery County precincts had extraordinarily high numbers of ballots cast Nov. 2 with no presidential vote counted, and the county's overall rates of such undercounts were highest where Democratic hopeful John Kerry did best.

Undercounts are ballots that do not register a vote for a particular race, in this case for president. Two precincts — one in Kettering and another in Washington Twp. — had undercounts of more than 25 percent, according to a Dayton Daily News analysis of the county's unofficial results.

Overall in Montgomery County, 5,693 or 2 percent of the ballots cast registered no valid vote for president.

As predicted by political scientists, who say the poor and less-educated are more likely to have problems with punch card voting, the rate of so-called undercounted presidential ballots was higher in Democratic areas of the county than in Republican strongholds.

Quick! Someone call Justice Scalia!

Rates that high show something must have gone wrong, said Larry J. Sabato, a political scientist from the University of Virginia. Undercounts during presidential elections are typically between 1 percent and 2 percent, he said.

"It is very difficult to believe that a quarter of the people would not vote for president, especially in a year like this," Sabato said. "If I were the election officers in those areas I would be doing some very extensive checks of those machines."

Meanwhile, Democrats in Ohio have filed a lawsuit:

Seeming to brush aside John Kerry's concession speech, the Ohio Democratic Party has launched a federal court fight over nearly 155,000 provisional ballots by contending a proper accounting of those votes might decide who really won.

In Ohio, Bush now holds a lead of about 136,000 votes over Kerry.

County officials across the state began tabulating provisional ballots Friday.

"Given the closeness of the presidential and other elections," Ohio's provisional ballots "may prove determinative of the outcome," Democrats argue in a legal filing made public Wednesday by the U.S. District Court.

The lawsuit asked U.S. District Judge Michael H. Watson to order Ohio Secretary of State Ken Blackwell to impose uniform standards for counting provisional votes on all 88 counties. Democrats want the judge to take action quickly - before the results of the election are certified.

Watson, who was appointed by Bush, has not set a hearing.

Don McTigue, a Columbus lawyer who filed the lawsuit for the Ohio Democratic Party, said the Democrats have concerns that different standards are being applied from county to county.

"Our action is not tied to some hope of changing the outcome of the election. We're being consistent with the Kerry campaign, and the Democratic Party's interest in seeing all eligible ballots are counted," McTigue said.