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South Dakota Suspicions
The National Review ^ | 11-07-02 | Byron York

Posted on 11/07/2002 8:23:41 AM PST by jwalburg

The very last precincts to be counted killed the hopes of GOP Senate candidate John Thune. Was something funny going on?

oday a team of Republican election experts is in South Dakota, looking into the circumstances of Democratic Sen. Tim Johnson's extraordinarily narrow, last-minute victory over Republican candidate John Thune.

While it is certainly possible that there were no significant irregularities involved in the voting, some Republicans are puzzled by the way the vote-counting unfolded. Early Wednesday morning, with 99.65 percent of South Dakota's precincts reporting, Thune held a narrow lead over Johnson. It was only when the last three precincts (out of a total of 844) were counted that Johnson finally edged ahead. What has made some Republicans suspicious is that those final precincts were located in a southwestern county that was in the news for allegations of voting fraud in the weeks leading up to the election.

MINUTE BY MINUTE For most of Tuesday night and Wednesday morning, the election returns looked promising for Thune. At 1:32 A.M. EST on Wednesday, an Associated Press report showed Thune had 134,904 votes to Johnson's 132,648 with 648, or 77 percent, of the state's precincts reporting. At 2.47 A.M., the AP issued another report, this one showing Thune with 153,952 votes to Johnson's 149,789, with 736, or 87 percent, of precincts reporting — a lead of more than 4,000 votes.

At 3:41 A.M., Thune was up 158,331 to 154,602, with 776, or 92 percent, of precincts reporting.

At some point after that, Thune's lead began to shrink. By 6:38 A.M., with 838, or 99.3 percent, of the state's 844 precincts reporting, Thune led Johnson by 166,588 to 165,639 votes. It was close, but Thune was still in the lead by nearly 1,000 votes with just six precincts left to count.

Then the lead narrowed dramatically. By 8:28 A.M., Thune had 166,747 votes to Johnson's 166,559, with 841, or 99.65 percent, of the 844 precincts reporting. Thune was up by just 188 votes with three precincts left to count.

Those last precincts killed Thune's chances to win. At 9:21 A.M., with 843 of 844 precincts reporting, Thune trailed Johnson, 166,707 to 167,252.

Finally, at 10:22 A.M., the last precinct was counted and reported. Thune trailed Johnson 166,954 to 167,481 — a margin of 527 votes. Johnson claimed victory.

It was a stunning finish to a race that was clearly tight but appeared for much of the night to be in Thune's hands. Somewhere in the last five precincts, Thune's Senate hopes disappeared.

QUESTIONABLE PRACTICES The vote counting has attracted the attention of Republicans because the precincts that defeated Thune — the ones that were counted last — were in Shannon County, on the Pine Ridge Indian Reservation. The county has been the target of intensive get-out-the-vote efforts by Democrats and has reported the largest gain in registrations, 17 percent, of any county in the state. In recent weeks, federal and local authorities have been investigating allegations of fraudulent voting practices related to some of those new voters (along with some in other counties around the state).

In mid-October, the Shannon County auditor said one in ten of the county's new registrations was under investigation for possible irregularities. On October 20, the Sioux Falls Argus Leader reported that, "Auditors in 10 counties, all but one adjoining a reservation, have forwarded questionable registration forms or absentee ballot requests to the sheriff or state's attorney for investigation. Of the nearly 400 questionable documents discovered by the auditors, 338 came from Shannon and Pennington counties, where the two investigations into possible voter fraud are under way."

Shannon County went heavily for Johnson — out of 3,118 votes cast, 2,856, or about 92 percent, went to Johnson, while 248 went to Thune (a third-party candidate received 14 votes). That percentage, in itself, might not be particularly unusual; Native Americans in South Dakota vote heavily Democratic, and Johnson is popular with Native Americans. But one thing that has aroused Republican curiosity is the significant increase in the number of votes cast in Shannon County since the last mid-term election, in 1998, in which Sen. Tom Daschle won reelection.

In 1998, there were just 1,559 votes cast in Shannon (that is precisely half the votes cast this year — a statistical nicety that might signify nothing, but might still catch Republican eyes). Of the 1998 total, 1,228 went to Daschle and 239 went to Republican Ron Schmidt (a third-party candidate won 92 votes).

What some Republicans find interesting about the numbers is that the popular Daschle, who won in a landslide statewide, won just 79 percent of the votes in Shannon County — significantly less than Johnson won this year — while Schmidt, who lost by a huge margin in 1998, received about the same number of votes that the well-known Thune received this year. Even though the total number of voters in Shannon County has gone up dramatically, it appears that virtually none of them chose Thune.

The situation might be completely attributable to get-out-the-vote efforts; 17,000 new voters were signed up statewide in recent months, and Democrats were particularly aggressive in Shannon County and on the state's other Indian reservations. But Republicans signed up new voters, too, and now they want to have a look at the county's voting patterns.

Finally, the GOP wants to know more about the timing of the Shannon County returns. Although nothing is set in stone, some observers say it is not usually the pattern in statewide elections for Shannon County returns to be the last counted. Given the fact that the county provided Johnson's winning margin, and given the earlier allegations of corruption, Republicans want to know why Shannon was so late this time.

WHAT TO DO? At this moment, the South Dakota secretary of state's office is finishing its official canvass of the election. That process in effect rechecks everyone's math and comes up with a final vote total for all the races. It is not designed to uncover voter irregularities.

According to state law, Thune is entitled to ask for a recount. On Wednesday, he released a carefully worded statement that suggested he might choose to do so. "If there is a change in the numbers or evidence of irregularities after the official election canvass, I will look at pursuing the next step in the process, which is a formal recount," Thune said:

However, I do not wish to put the people of South Dakota through this process unless it is absolutely necessary. Therefore, if there is no change in the vote totals or any irregularities after the official canvass, we will pursue no further action and the results will stand...No one would be happier than I to see those numbers change as the process continues. However, if the numbers stand, I am prepared to accept the outcome and know that my supporters and all those who have stood with me during this process will accept the outcome as well.

Speaking publicly later on Wednesday, Thune seemed inclined to let the matter drop after the canvass. At this point, it is simply not clear whether he will ask for a recount or take any other action.

Republicans want to be careful in the course they choose. They have already won the Senate, and they do not want to embroil the party in a long, acrimonious fight over a contest that will not affect the balance of power in Washington. In addition, they do not want to embark on a Democratic-style legal battle if there is no solid evidence of fraud. But at this point, they want to know what happened. The circumstances of Johnson's last-minute comeback look a little odd, and Republicans want to learn the story behind the numbers.


TOPICS: Crime/Corruption; Front Page News; Government; News/Current Events; Politics/Elections; US: South Dakota
KEYWORDS: election; johnson; senate; southdakota; thune; voterfraud
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To: Political Junkie Too
We need to win this seat so our lead is a safe one. Traitors like Jeffords and tinfoil hat scenarios aren't the only risk. Senators can die in office with Paul Coverdale and John Heinz have demonstrated. Also, there are better ways to utilize Cheney than casting endless tie breaking votes. A safer margin will spare him for more important tasks.
81 posted on 11/07/2002 3:22:33 PM PST by JohnBovenmyer
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To: jwalburg
Let's examine the evidence here. We have

1. Democrat operatives committing voter fraud in Indian reservation precincts.

2. Democrat losing an election

3. Votes come in from Indian reservation precincts where Democrat voter fraud was committed.

4. Democrat "wins" election.

What do you think?

Tell Thune to fight this all the way! The more R's in the Senate, the better!

82 posted on 11/07/2002 4:01:49 PM PST by pulaskibush
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To: Gracey
I don't recall Mexico improving that much. Their solution for their poor has still been to send them up north. I don't suppose we could send all our homeless up to Canada?

Your point is real good though. If we don't prosecute vote fraud with extreme prejudice, we will become like Mexico.

83 posted on 11/07/2002 4:05:10 PM PST by pulaskibush
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To: Irish Eyes
I believe it was Mitchell County.
84 posted on 11/07/2002 4:13:11 PM PST by Otta B Sleepin
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To: Timesink
If we don't go in and fight this tooth and nail, we deserve to LOSE the Senate again.

Okay... but should we start the fight now?

Maybe'd be better off waiting until the FBI finishes its investigation, and we get some indictments. *Then* (a) the Demoncrats' inevitable claims of political motivation, racism, etc.etc. < < whine, cry, howl > > will be deflated, (b) we won't look like we're just interested in influencing the election, (c) the voters in South Dakota (any of them with any conscience at all, at least) will get *righteously* P'd. O. at having been defrauded out of their election.

THEN we can sue to have the election results overturned.

But I must ask... is it possible to have an election nullified after an illegally elected candidate has already been sworn in? (I'm assuming here that we would have concrete proof of 700 dead or nonexistent Demoncrats having voted...)

85 posted on 11/07/2002 4:21:15 PM PST by fire_eye
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To: Gracey
Couldn't agree with you more. I am sick and tired, as an American, of seeing Democrats get away with voter fraud, because somehow, it is politically expedient to give them a pass. What, are we tring out for; a "nice guy contest? Our future, as a viable democracy, is indeed, at stake. Had South Dakota been the tie-breaking state, at the last minute, we would have been up the creek. We would have looked political and have been seen as poor losers, in persuing it. Since we have allready won, this is the best of all times to persue fraud. It cannot, then be construed politically, except by the left....but they will do that anyway.
86 posted on 11/07/2002 4:26:04 PM PST by TheLion
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To: jwalburg
bump
87 posted on 11/07/2002 4:29:46 PM PST by VOA
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To: TeleStraightShooter
I have to disagree, I don't believe there was any vote supression at all. I think ~1100 votes were manufactured out of thin air and added to the total.
88 posted on 11/07/2002 4:32:14 PM PST by AmishDude
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To: pulaskibush
"Send our homeless to Canada"....lets just advertise their free lunch.
89 posted on 11/07/2002 4:34:46 PM PST by TheLion
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To: jwalburg

1. Hunt down these fraudulent votes

2. kick them out

3. Throw as many demoncrats in jail as possible

4. Wait until next Senate session

5. Swear in South Dakota Senator John Thune

I hope the GOP fights for this.

90 posted on 11/07/2002 5:01:18 PM PST by pulaskibush
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To: RandyRep
You nailed it, they can not produce all the people that voted. It seems to me that the registrations need to be investigated. This is how Dasshole won years ago late shady votes from a reservation in a race as tight as this one.
91 posted on 11/07/2002 5:12:35 PM PST by Big Horn
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To: jwalburg
The only way this crap ends is when it is confronted with the nation looking. Late reporting of precincts that ginn-up the necessary votes to elect RATS after seeing the spread is ludicrous. And stop spending your money in any way, shape or form on indigenous (sic?) products and gambling. Nothing but RAT territories.
92 posted on 11/07/2002 5:19:02 PM PST by ApesForEvolution
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To: ApesForEvolution
The only way this crap ends is when it is confronted with the nation looking.

How about repealing the 17th amendment? Having no more Senatorial elections will end this, too.

-PJ

93 posted on 11/07/2002 5:35:37 PM PST by Political Junkie Too
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To: pulaskibush
I don't recall Mexico improving that much.

You could be correct but I thought, perhaps hoped, that they had cleaned up their act and consequently, defeated the PRI in favor of Vincente Fox.

94 posted on 11/07/2002 7:19:11 PM PST by Gracey
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To: TheLion
Since we have allready won, this is the best of all times to persue fraud.

I agree with all your points. Well said, FRiend.

However, I was very proud of Republicans this election cycle. They came out of the woodwork to get involved this election cycle, working at precincts, poll watching, etc.

FINALLY, we're coming around. I was an Alternate Judge at my precinct. We had a poll watcher from our Governor's office and another one from the County Republican party. They made good notations of many weird events...and I helped point irregularities out to them...such as people voting in our precinct using their parents address, even though their drivers license shows them living elsewhere.

In my opinion, they vote twice for the Democrats and think nothing of it. (I'm in a heavy hispanic Democrat precinct, downtown Austin)

95 posted on 11/07/2002 7:29:41 PM PST by Gracey
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To: fire_eye
There is no nullification after a Senator is sworn in save expulsion for his complicity by the full Senate...something that they would not do to a colleague save a smoking gun.

There is a three day time limit on the losing candidate filing for the recount after the Canvassing Board finishes the totals. "Suits" are a very remote issue due to "standing" of those likely to try after the three day time limit.

Waiting for the FBI to finish, is a real problem. SD Law enforcement, while having little standing within the Reservation, does have oversight of the County Election Boards involved. If there is the evidence that Thune needs to file in the three day time period, it will come from there.

96 posted on 11/08/2002 6:53:43 AM PST by KC Burke
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To: KC Burke; Congressman Billybob
Not quite - the Senate can CONDITIONALLY seat Johnson pending the results of the FBI investigation. Then, WHEN the evidence comes form the FBI of fraud (and that is the BEST place for it to come from), they can either seat Thune or declare the seat vacant and order a special election.
97 posted on 11/08/2002 8:20:19 AM PST by hchutch
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To: hchutch
Would'a, could'a should'a....all won't matter as the Senate will not treat a current Senator that way if his election is certified and unchallenged by Thune based upon SD Law.

No Senate will look at something the FBI is piddling around with and use that alone to deny the State their representation in the Senate. Won't happen, especially since he has been their colleague lo' these many years.

The only way Johnson is not seated is if Thune files for the recount during that three day window.

- - - OR - - -

Within the precincts where the fraud took place 3 good men, tried and true stand up in the next few days:

12-21-8. Precinct recount on petition by voters of precinct. When within ten days after an election any three registered voters of a precinct file with the officer in charge of the election a petition, duly verified by them, setting forth that they believe that the official returns from such precinct as to a specified candidate or as to a specified referred or submitted question are erroneous, the votes of such precinct as to the office or position specified or as to the question specified shall be recounted.
Even a statewide petition of a thousand voters is only valid to call for a recount on statewide "questions" not candidates or offices.
98 posted on 11/08/2002 8:40:31 AM PST by KC Burke
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To: KC Burke
But you forget the relevant portion of Article I, Section 5:

"Each House shall be the judge of the elections, returns and qualifications of its own members" means that the Senate can put that condition in place. Thune doesn't even have to complain. All it would take would be a South Dakota voter.
99 posted on 11/08/2002 8:49:30 AM PST by hchutch
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To: Timesink
Maybe Jimmy Mr. Nobel Prize Carter should go up there to oversee things. Barf...
100 posted on 11/08/2002 9:15:27 AM PST by 69ConvertibleFirebird
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