THE UNITED STATES OF AMERICA ) Criminal No.
v. ) Count 1: Denial of the Right to Vote
(United States Constitution,
THE REPUBLICAN PARTY; THE ) Amendments XIV and XV;
REPUBLICAN NATIONAL ) Civil Rights Act of
COMMITTEE; BUSH CHENEY ) 1965, as amended;
2000, INC; GEORGE WALKER ) Voter Accessibility
BUSH; RICHARD BRUCE CHENEY; ) for the Elderly and
KARL CHRISTIAN ROVE; BUSH/ ) Disabled Act;
CHENEY 200 FLORIDA, INC.; JOHN ) National Voter
ELLIS BUSH, also known as “JEB ) Registration Act;
BUSH”; KATHERINE HARRIS; ) Help America Vote
CLAYTON ROBERTS; EMMETT ) Act; 18 U.S.C.
MITCHELL; 2000 STATE OF FLORIDA ) section 245; 42 U.S.C.
DEPARTMENT OF ELECTIONS ) section 1973)
OFFICIALS 1-99; 2000 FLORIDA )
COUNTY SUPERVISORS OF ) Count 2: Infringement Upon
ELECTIONS, BOARDS OF ) the Right to Vote
ELECTION and OTHER ) (United States Consti-
OFFICIALS in BROWARD, COLLIER, ) tution, Amendments
HARDEE, HENDRY, HILLSBOROUGH, ) XIV and XV; Civil
MONROE, PALM BEACH and OTHER ) Rights Act of 1965;
COUNTIES 1-999; 2000 FLORIDA ) Act of 1965, as amend-
HIGHWAY PATROL OFFICERS 1-99; ) ed; 18 U.S.C. section
THE UNITED STATES OF AMERICA ) 245)
DEPARTMENT OF JUSTICE; )
BUSH CHENEY 2004 OHIO, INC.; ) Count 3: Altering, Mutilating,
JOHN KENNETH BLACKWELL; ) and Destroying Voter
KEITH CUNNINGHAM; CAROLE ) Registration Forms
GARMAN; PAULA HICKS-HUDSON; ) (42 U.S.C. section
2004 STATE OF OHIO DEPARTMENT ) 1974a)
OF ELECTIONS and OTHER STATE )
OFFICIALS 1-999; 2004 OHIO ) Count 4: Manipulation of
COUNTY BOARDS OF ELECTION ) Voting Machine
and OTHER OFFICIALS IN ALLEN, ) Vote Counts
ASHLAND, CLERMONT, CUYAHOGA, ) (42 U.S.C.
FAIRFIELD, FRANKLIN, HOCKING, ) section 1974a)
HOLMES, HURON, LICKING, LUCAS, )
MAHONING, MEDINA, MONROE, )
MONTGOMERY, MORGAN, )
MORROW, PORTAGE, PUTNAM, )
SUMMIT, VINTON, WARREN, and )
WASHINGTON COUNTIES 1-999; )
2004 OHIO REPUBLICAN PARTY; )
WARREN O’DELL; BRETT RAPP; )
DWAYNE RAPP; MICHAEL BARBIAN, )
JR.; SPROUL AND ASSOCIATES, and )
NATHAN SPROUL )
INDICTMENT
COUNT ONE
(Denial of the Right to Vote)
THE PLAINTIFF CHARGES:
1. At times material to this indictment:
Defendants’ Positions and Responsibilities
a (1). Beginning on or about January 1, 2000, defendant THE REPUBLICAN PARTY was a national organization of citizens and public government officeholders. REPUBLICAN PARTY MEMBERS included any citizen who declared their party affiliation as REPUBLICAN PARTY on a voter registration form and officeholders in the United States Senate and the United States House of Representatives; governors, state legislators and other state officials of the states of the United States of America; county, city, township and other public governments; on the REPUBLICAN NATIONAL COMMITTEE a. (2), a national decision-making board for THE REPUBLICAN PARTY, and state, county and other municipally-sized REPUBLICAN PARTIES, including REPUBLICAN PARTY COMMITTEES at the state and local level.
a (3). BUSH/CHENEY 2000, a national organization comprised entirely or almost entirely of REPUBLICAN PARTY MEMBERS and created to advance and support the REPUBLICAN PARTY presidential and vice presidential candidacies of GEORGE WALKER BUSH a. (4) and RICHARD BRUCE CHENEY a. (5).
a (4). GEORGE WALKER BUSH, REPUBLICAN PARTY governor of Texas and 2000 REPUBLICAN PARTY candidate for President of the United States of America.
a. (5) RICHARD BRUCE CHENEY, REPUBLICAN PARTY member and 2000 REPUBLICAN PARTY 2000 candidate for vice president of the United States of America.
a (7). KARL CHRISTIAN ROVE, BUSH/CHENEY 2000 director of polling and media planning; director of strategic planning and policy affairs and deputy chief of staff for President GEORGE WALKER BUSH.
a (8). BUSH CHENEY 2000 FLORIDA, INC., a statewide organization created by REPUBLICAN PARTY MEMBERS to actively support the presidential and vice presidential candidates of GEORGE WALKER BUSH and RICHARD BRUCE CHENEY, respectively.
a (8). JOHN ELLIS BUSH, also known as “JEB BUSH,” REPUBLICAN PARTY Governor of Florida. As chief executive of the state of Florida, JEB BUSH was the top state official responsible for the faithful execution of voting laws in the state of Florida in the 2000 national election.
a (9). KATHERINE HARRIS (REPUBLICAN PARTY) Secretary of State of State of Florida in 2000 and a Florida State co-chairperson for BUSH/CHENEY 2000. As Secretary of State for the State of Florida HARRIS was responsible for the faithful execution of election laws in the State of Florida in the 2000 national election.
a (10). CLAYTON ROBERTS, 2000 State of Florida Division of Elections Director. Responsible for the faithful execution of election laws in the State of Florida in the 2000 national election.
a (11). EMMETT MITCHELL, 2000 State of Florida Division of Elections Assistant General Counsel. Responsible for legal counsel to the Division of Elections in the state of Florida during the 2000 national election year.
a (12). 2000 STATE OF FLORIDA DEPARTMENT OF ELECTIONS AND OTHER STATE OFFICIALS 1-999. Responsible for the faithful execution of election laws in the State of Florida in 2000.
a (13). 2000 FLORIDA COUNTY SUPERVISORS OF ELECTIONS, BOARDS OF ELECTIONS AND OTHER STATE OFFICIALS IN BROWARD, COLLIER, HARDEE, HENDRY, HILLSBOROUGH, MONROE AND PALM BEACH COUNTIES 1-999. Responsible for the faithful execution of election laws in the State of Florida in 2000.
a (14). 2000 FLORIDA HIGHWAY PATROL OFFICERS 1-99, responsible for the faithful enforcement of the rule of law in the State of Florida in 2000.
a. (15). THE UNITED STATES OF AMERICA DEPARTMENT OF JUSTICE, the presidential cabinet-level department of the federal government of The United States of America created to fulfill The Constitution’s preamble mandate to “establish justice.”
a (16). BUSH/CHENEY 2004, a national organization comprised almost entirely of REPUBLICAN PARTY MEMBERS created to advance and support the
REPUBLICAN PARTY presidential and vice presidential candidacies of President GEORGE WALKER BUSH and Vice President RICHARD BRUCE CHENEY.
a. (17) BUSH CHENEY 2004 OHIO, INC., a statewide organization comprised entirely or almost entirely of REPUBLICAN PARTY MEMBERS created to actively support the presidential and vice presidential candidacies of GEORGE WALKER BUSH and RICHARD BRUCE CHENEY, respectively.
a (18). JOHN KENNETH BLACKWELL (REPUBLICAN PARTY), 2004 State of Ohio Secretary of State and a 2004 State of Ohio co-chairperson for BUSH/CHENEY 2004. Responsible for the faithful execution of election laws in the State of Ohio in 2004 and for the conduct of the OHIO BUSH/CHENEY 2004, INC., campaign.
a (19). KEITH CUNNINGHAM, 2004 Allen County (OH) Board of Elections Director. Responsible for the faithful execution of election laws in Allen County in 2004.
a (20). CAROLE GARMAN, 2004 Greene County (OH) Board of Elections Director. Responsible for the faithful execution of election laws in Greene County in 2004.
a (21). PAULA HICKS-HUDSON, 2004 Lucas County (OH) Board of Elections Director. Responsible for the faithful execution of election laws in Lucas County in 2004.
a (22). 2004 STATE OF OHIO DEPARTMENT OF ELECTIONS OFFICIALS and OTHER STATE OFFICIALS 1-999. Responsible for the faithful execution of election law in the State of Ohio in 2004.
a (23). 2004 OHIO COUNTY BOARDS OF ELECTION OFFICIALS AND OTHER COUNTY AND LOCAL OFFICIALS IN ALLEN, ASHLAND, CLERMONT, CUYAHOGA, FAIRFIELD, FRANKLIN, HOCKING, HOLMES, HURON, LICKING, LUCAS, MAHONING, MEDINA, MONROE, MONTGOMERY, MORGAN, MORROW, PORTAGE, PUTNAM, SUMMIT, VINTON, WARREN AND WASHINGTON COUNTIES. Responsible for the faithful execution of elections laws in their respective counties in 2004.
a (24). 2004 OHIO REPUBLICAN PARTY. A statewide organization of citizens and public government officeholders consisting of REPUBLICAN PARTY MEMBERS.
a (25). WARREN O’DELL. Chairman and Chief Executive Officer of Diebold, an electronic voting machine company, and a member of the OHIO REPUBLICAN PARTY state committee.
a (26). BRETT RAPP. President of Triad Corporation, an electronic voting machine company responsible for voting machines used in 41 counties in Ohio in the 2004 national election.
a (27). DWAYNE RAPP. Vice President of Triad Corporation.
a (28). MICHAEL BARBIAN, JR. Triad GSI Corporation field representative. On-site technician for Triad GSI Corporation in Ohio during the 2004 national election and state recount.
a (29). SPROUL AND ASSOCIATES, a private business created by NATHAN SPROUL a (30)., a REPUBLICAN PARTY MEMBER.
Events Leading up to Election Day 2000
(The evidence supporting the four counts is taken almost entirely from the U.S. Commission on Civil Rights 2001 report “Voting Irregularities in Florida During the 2000 Presidential Election” and the 2005 House Democratic Judiciary Committee Status Report of the Democratic Staff “Preserving Democracy: What Went Wrong In Ohio.”)