Daily Kos

Did Limbaugh Liberals in Ohio commit a Felony?

Fri Mar 14, 2008 at 06:45:33 AM PDT

(This issue was touched on in a diary posted 2 days ago)

A lot of people have covered how in Texas and Mississippi the results were skewed "Limbaugh Liberals", Republicans who crossed over to vote Democrat with the specific intent of messing with the Democrat primary and keeping Clinton in the race. Now, I personally don't think we have any moral ground to stand on and criticize them, thanks to the push during the Michigan primaries for Democrats to vote on the Republican side and keep Romney in the race. That's largely why I didn't think it was a very good idea at the time, I had a sneaking suspicion it would bite us in the ass later on.

But something that hasn't got a lot of play (largely because we attributed Clinton's wins in Ohio to older women and blue collar Democrats) is the "Limbaugh Liberals" that were gaming the Democrat primary in this state, and it turns out that they may have broken Ohio election law.

From Wired
Did Limbaugh's Crossover Voters Break Ohio Law?

A reader tipped me off to an issue that's come up with crossover voters in Ohio. It seems that some Republican voters have bragged online that they voted Democratic ballots in the Ohio March 4th primary in order to influence the outcome of the presidential election. Essentially, they wanted to help Hillary Clinton win the Democratic nomination over Barack Obama because they think she's the weaker candidate and would lose against Republican John McCain in November.
...
Here's a post made by one voter who bragged about switching:

Lastly, they had me sign the affirmation about switching parties and supporting the principles of the Democrat party. I said that would be easy, because they don't have any. Everybody got a good chuckle as there isn't a Democrat within 5 miles any direction from where I vote. I then proceeded to cast my vote for Hillary Clinton. Dirty as it felt at the time, I have a feeling I'll be rewarded in the long run.

...
Ohio's revised election code includes an election falsification clause (Revised Code 3513.20), which says that if a voter who changes parties is challenged by poll workers as to the sincerity of his change of heart and also signs an affidavit stating that he supports the principles of the party to which he's changing -- when in fact he doesn't support them -- then he would be committing election falsification. Election falsification is a felony that is punishable by six to twelve months in jail and a $2,500 fine.

How much of an effect did this have in Ohio? Well, let's look at a county-by-county election map from 2004, when Ohio went 51/49 for Bush. This was an election between an unpopular Republican president and a Senator without half the history and divisiveness of Clinton, mind you.

Photobucket

And let's compare that to a map of the county-by-county results from this primary.

Photobucket

Some samples from there. In Adams county, Clinton won by 74% to 22%, with about 3605 people voting in the Dem primary. About 3233 people voted in the Republican primary. Thing is, in 2004, Adams county went for Bush 64%/36%, with 7,653 people voting for Bush and 4,281 people voting for Kerry. Proportionally, it's pretty clear that unless fully 57% of the Republican voters in a strongly Republican county stayed home (compared to just shy of 19% of the 2004 Democrat voters), a big chunk of Clinton's votes were from Limbaugh liberals.

Or look at the aptly named Clinton county. In 2004, Bush won here 70/30, with 12,938 votes to Kerry's 5,417. In 2008, there were 4,937 voters in the Democrat primary, which Hillary won by 63% to 35%. There were 5,602 voters in the Republican primary. So, did 43% of the Republicans from 2004, Republicans who believe very strongly in their party winning, simply vanish? I'm sure a lot of Republicans felt they could simply stay home because McCain had sewn up the nomination, but come on now.

Course, this is a time-honored and accepted tactic in Ohio. It only breaks the law if the voter is challenged when he or she switches party affiliation, and then they lie about why they're doing about it, and then they brag about it afterwards.

Let's look at the county where this has been covered in depth, Cleveland's Cuyahoga County:
16,000 Republicans in Cuyahoga crossed over and voted Democratic in primary

A staggering 16,000-plus Republicans in Cuyahoga County switched parties when they voted in last week's primary.

That includes 931 in Rocky River, 1,027 in Westlake and 1,142 in Strongsville. More than a third of the Republicans in Solon and Bay Village switched. Pepper Pike had the most dramatic change: just under half its Republicans became Democrats. And some of those who changed - it's difficult to say how many - could be in trouble with the law.

That's 16,000 votes there that Clinton can't count on in the general.

In Cuyahoga County, dozens and dozens of Republicans scribbled addendums onto their pledges as new Democrats:

"For one day only."

"I don't believe in abortion."

A Plain Dealer review of thousands of records showed few of those who switched were challenged by poll workers.

I'm sure these are votes that show Clinton can win Ohio.

But the Cleveland Plains Dealer covers an issue even more troubling, a concentrated behind-the-scenes effort by Republicans to crossover vote, referred to as "the plot".

A movement

is afoot . . .

Some Republicans refer to it as "the plot."

It started a few weeks ago when conservative radio powerhouse Rush Limbaugh suggested that his Republican following cross over during the primary to vote for Clinton. Clinton, Limbaugh argued, would be easier for McCain to beat in November than Obama.

Soon, local morning radio show host Bob Frantz echoed Limbaugh on WTAM AM/1100, and the buzz began to grow.
...
North Ridgeville Republican Hazel Sferry said she was kicking herself all day Tuesday after voting for McCain.

Don't get her wrong. Sferry supports McCain.

But after she voted, she ran into her niece who told her about "the plot."

Her niece, Republican Sherry Newell, crossed over Tuesday after hearing Limbaugh. Newell said she voted for Obama because she thought McCain had a better chance against him.

Regardless, Sferry said she thought it was a great idea to mess with the other party if it helped McCain win.

"I don't mind being deceptive to politicians," she said. "They are deceptive to us."
...
Republican Kitty Anderson began working in voting precincts during the early 1960s, and Tuesday's turnout in the Republican stronghold of Chagrin Falls was the largest she had ever seen.

It also had the most crossover voting.

Anderson, 76, and her husband, Donald, 78, served as poll workers on Tuesday and both helped fellow Republicans change parties all day; when it was time for them to vote, they crossed over, too.

"We are both concerned about what Obama would do if he was president. We don't trust him," Kitty Anderson said. "I have five grandchildren, and I keep thinking I want this world to be safe for these kids. I don't feel good about Obama. He just seems to be so vague." Come November, the Andersons said they'll most likely vote for McCain.

Any state with an open primary it's perfectly legal to go and spoil the opponent's primary. Go for it, whether you're Republican or Democrat. But if it is a closed primary, you could be breaking the law. And we have to be smart enough to look at past history, and realize that not all of the voters we get now are going to be voters we have later... especially when they're being openly dishonest about why they're voting.

The election maps were taken from CNN's 2004 general election Ohio map, the Democrat 2008 primary election Ohio map, and some statistics were taken from the Republican 2008 primary election map.

Tags: Limbaugh Liberals, Obama, Clinton, primaries, felons, cheating (all tags) :: Previous Tag Versions

Permalink | 21 comments

  •  Tip Jar (17+ / 0-)

    Something to be aware of.

    OEF/OIF vet
    I've been called a left-wing extremist because I absolutely oppose torture. I can live with that.

    by jabbausaf on Fri Mar 14, 2008 at 06:45:45 AM PDT

  •  Good catch (2+ / 0-)

    Recommended by:
    jabbausaf, Randall Sherman

    Well, I guess all if fair in love and politics...

  •  Can anything be done? n/t (1+ / 0-)

    Recommended by:
    jabbausaf
  •  This is laughable and weak (1+ / 0-)

    Recommended by:
    bugscuffle

    considering the Obama campaign's cutesy "Democrat for a Day" shenanigans and Markos' own pathetic attempt to interfere in the GOP primary in Michigan.

  •  Yesterday (2+ / 0-)

    Recommended by:
    machiado, jrooth

    Limbaugh made the same suggestion to his listeners in pennsylvania and helpfully added they have until the 24th to switch parties.
    As for Ohio, I think any prosecution would be quickly laughed out of court.  Loyalty oaths and pledges of Fidelity?  Who knew?

    •  Obama (0+ / 0-)

      from barackobama.com:

      To participate in the Pennsylvania Democratic Primary on April 22nd, you must be a registered Democrat by March 24th.

      and from Florida:

      WANNA BECOME AN OBAMACRAT?!!!
      By Obama Florida 2008
      Published: April 24, 2007

      Tens of thousands of people in Florida are already supporting Barack Obama for president.

      But, you know what? You won't be able to vote for him in the all-important Florida Primary next February unless you are a registered Democrat, or unless you re-register as a Democrat.

      See, Florida law mandates a "closed primary" for presidential primaries. Even if you're an independent, these archaic laws will not let you vote in either major party primary.

      Put another way -- you have been legally disenfranchised.

      That's why "Democrat for a Day" was launched this spring by ObamaFlorida2008. Using the official forms provided by all Supervisors of Elections offices, you may re-register as a Democrat for that one day -- when the primary is likely to be held -- on February 5, 2008. You must do so before the end of 2007, to make sure it is done 30 days before the primary.

      But this is not about some "hard sell" to recruit voters to become permanent Democrats. Not at all. After the primary, you may re-register back to the
      Republican or Libertarian parties, or revert to your previous status as an Independent!
      There will be plenty of time before the general election in November 2008.

      and Nevada:

      Get off your high horses, folks.  

      Done with politics for the night? Have a nice glass of wine with Two Days per Bottle.

      by dhonig on Fri Mar 14, 2008 at 07:25:43 AM PDT

      [ Parent ]

      •  Is it a felony in those states? (0+ / 0-)

        Because it is in Ohio.

        OEF/OIF vet
        I've been called a left-wing extremist because I absolutely oppose torture. I can live with that.

        by jabbausaf on Fri Mar 14, 2008 at 07:39:43 AM PDT

        [ Parent ]

        •  Let's see, shall we? (0+ / 0-)

          Florida

          104.011  False swearing; submission of false voter registration information.--

          (1)  A person who willfully swears or affirms falsely to any oath or affirmation, or willfully procures another person to swear or affirm falsely to an oath or affirmation, in connection with or arising out of voting or elections commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

          (2)  A person who willfully submits any false voter registration information commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

          Nevada

               NRS 293.800  Acts concerning registration of voters; violations of laws governing elections; crimes by public officers.

               1.  A person who, for himself or another person, willfully gives a false answer or answers to questions propounded to him by the registrar or field registrar of voters relating to the information called for by the application to register to vote, or who willfully falsifies his application in any particular, or who violates any of the provisions of the election laws of this State, or knowingly encourages another person to violate those laws is guilty of a category E felony and shall be punished as provided in NRS 193.130.

               2.  A public officer or other person, upon whom any duty is imposed by this title, who willfully neglects his duty, or willfully performs it in such a way as to hinder the objects and purposes of the election laws of this State, except where another penalty is provided, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

               3.  If the person is a public officer, his office is forfeited upon conviction of any offense provided for in subsection 2.

               4.  A person who causes or endeavors to cause his name to be registered, knowing that he is not an elector or will not be an elector on or before the day of the next ensuing election in the precinct or district in which he causes or endeavors to cause the registration to be made, and any other person who induces, aids or abets the person in the commission of either of the acts is guilty of a category E felony and shall be punished as provided in NRS 193.130.

               5.  A field registrar or other person who:

               (a) Knowingly falsifies an application to register to vote or knowingly causes an application to be falsified; or

               (b) Knowingly provides money or other compensation to another for a falsified application to register to vote,

          Ê is guilty of a category E felony and shall be punished as provided in NRS 193.130.

          Done with politics for the night? Have a nice glass of wine with Two Days per Bottle.

          by dhonig on Fri Mar 14, 2008 at 08:04:32 AM PDT

          [ Parent ]

  •  What's the geographic common denominator? (0+ / 0-)

    Rural areas.  Obama does better in cities while Clinton does better in the countryside.  During general elections, Democrats do better in cities and Republicans dominate rural areas.  I don't really think much of your map of Ohio, as the areas where Clinton was particularly strong were the southeast of the state, which was fairly neutral in the 2004 general election, and actually, the areas that were strongest for Bush tended to be pretty close between Obama and Clinton.  Clinton may have won them, but they were much closer than in the southeast.

    Respect. Empower. Include.

    by Meng Bomin on Fri Mar 14, 2008 at 07:01:09 AM PDT

    •  Not my map of Ohio (0+ / 0-)

      I just pulled the county map off CNN for the 2004 general and the 2008 primary. Should probably put a link in the diary so people can take a look for themselves.

      OEF/OIF vet
      I've been called a left-wing extremist because I absolutely oppose torture. I can live with that.

      by jabbausaf on Fri Mar 14, 2008 at 07:26:39 AM PDT

      [ Parent ]

  •  So how many signed affidavits? (0+ / 0-)

    I guessing almost none.

    So in Ohio, if you vote Democrat in the primary are you now a Democrat until you redeclare?

    The real issue of this cross over vote is not that it happened. It is bound to. It happens because the Republican race is over, and we still have a candidate that won't admit she can't win. This allows the Republicans the luxury of playing games.

    I not Kos has been remarkably silent on this issue. Wonder why?

    •  Sort of (0+ / 0-)

      So in Ohio, if you vote Democrat in the primary are you now a Democrat until you redeclare?

      Yes, but you can vote for whoever you want to vote for in the general, and next primary you can change your party again. You can also redeclare at any time after the elections AFAIK.

      I note Kos has been remarkably silent on this issue. Wonder why?

      Because that whole "vote for Republicans" in Michigan move was a bad idea. Course, the Limbaugh Liberals probably would have come out in Texas and Mississippi and Ohio anyway, but now we have no moral high ground from which to criticize them.

      OEF/OIF vet
      I've been called a left-wing extremist because I absolutely oppose torture. I can live with that.

      by jabbausaf on Fri Mar 14, 2008 at 07:32:39 AM PDT

      [ Parent ]

      •  It must be like acid on their skin (0+ / 0-)

        for these Republicans to realize that, until next year, they are Democrats! At least here in New Hampshire if you're "undeclared" and vote for either party in the primary, you just go over to a desk at the polls and redeclare yourself "undeclared". Whole thing takes a minute or two.

  •  Republicans prosecute Republicans? (1+ / 0-)

    Recommended by:
    machiado

    Good luck with that.  
    That would violate the 11th Commandment.

  •  It shouldn't be illegal (0+ / 0-)

    Voting can be "sincere" or "strategic."  Insincerity is not a crime.

    However, it does point to a political weakness for the candidate who benefited from this, which needs to break out of our little corner of the blogosphere is the story is to get anywhere.

    "If we believe that all humans are human, than how are we going to prove it? It can only be proven through our actions." Lt. Gen. Romeo Dallaire

    by djs on Fri Mar 14, 2008 at 07:30:46 AM PDT

  •  It'd be a b*tch to prove intent. (0+ / 0-)

    Unless you've already got a confession on the registration card (which may or may not be under oath or signed with a notary present), I don't see how you could determine this on an individual basis.

    Statistically?  Sure.

    But in the legal sense?  Not a chance.

    Besides, the social implications of trying to prosecute this would be horrific.

    One of those Arsenio Hall moments.  (In Ohio, no less.)

    Happy little moron, Lucky little man.
    I wish I was a moron, MY GOD, Perhaps I am!
    -Spike Milligan

    by polecat on Fri Mar 14, 2008 at 07:32:21 AM PDT

  •  Best way to fight this IMO (0+ / 0-)

    is to spread around the term "Limbaugh Liberals".

    They will not like being labeled liberals, and labels are everything to them.

    OEF/OIF vet
    I've been called a left-wing extremist because I absolutely oppose torture. I can live with that.

    by jabbausaf on Fri Mar 14, 2008 at 07:47:47 AM PDT

Permalink | 21 comments