Illegitimacy

Atrios has written a post about our new obsession with the voting irregularities and as a member of the reality based community he is rightly concerned that we not make assumptions without actual proof.

I’ve been grappling with how to handle this story as well. I’ve not been flogging it mostly because I think that the electoral college is a crock and that the popular vote should determine who wins elections. Since Bush won by three million or so, it’s hard for me not to see him as legitimate. I haven’t seen any voting anomolies on that kind of scale. If I’m judging by whether the will of the people was observed, then I think it’s likely that more people truly wanted Bush than wanted Kerry. To me, that is the spirit of Democracy and I can’t discount that reality.

On the other hand, the exit poll question is a real one. The explanations by Mitofsky and company are simply not adequate — that Kerry voters were so much more anxious to talk to the pollsters that they actively sought them out. Nonsense. Something else happened here and they need to figure out what it was. If vote fraud on a scale large enough to encompass millions and millions of votes took place then we are deep, deep shit. Unfortunately, I’ve seen nothing that could account for that except an extremely broad conspiracy in many states with different kinds of voting machines and there is no proof of that. (Yes, I know about the states with paper ballot vs electronic machines study, but it doesn’t prove anything, either.)

Do I think the vote in Ohio might have been manipulated? Sure. But as Atrios says, we haven’t yet seen any evidence of large scale fraud, although there is a lot of evidence that our voting systems are terribly fucked up. I have no doubt that the vote could have been fixed in the state with a partisan in charge who wanted to disallow registrations because of the paper stock they were printed on and a vote machine mamufacturer who promised to deliver the state for Republicans. But proof of a conspiracy has not emerged, nor have the numbers in any way added up to the numbers that might have changed the election. There could have been fraud, the lines were absurdly long, intimidation and vote suppression certainly took place on some level. And until we fix these problems with our voting system we will always wonder from now on if elections are rigged.

This is where the real problem is and why I’ve been reluctant to push this story. Many Democrats are coming close to believing that our elections are broadly illegitimate. Except for Florida in 2000 I have not yet seen proof of that although I’m certainly suspicious. What I fear is that if we continue down this path of doubting election results — as opposed to mounting a serious effort to revamp voting procedures in order to ensure fairness — then I think we will begin to lose voters. People have to believe their vote counts in order to participate. If we push this illegitimacy issue beyond situations like Florida in 2000, where the machinations are proven and observable, I think it will hurt us in the long run.

I am absolutely in favor of insisting on an audit trail for vote counts. (And it seems to me that as with any accounting procedure we should audit some portion of the vote on a regular basis to make sure that hanky panky isn’t happening.) If we don’t, then stealing millions of votes really will no longer require a vast right wing conspiracy but merely Roger Stone and a laptop. But, I think we need to be careful to frame this issue in a way that doesn’t give people the excuse to drop out because they “know” the vote is rigged. Once that happens, it might as well be.

Update: I don’t mean in any way to demean those who are pursuing this story. I think it’s vital to find out what happened and pursue remedies. I hope the Democratic party makes it a top priority. It’s clear that our voting system is unreliable. But, I haven’t yet seen evidence that would overturn these election results, so I’m not prepared at this point to say it was stolen. I’m worried that doing that might just make it harder for us in the future.

Update II: A commenter makes the good point that the blogs are the very vehicle by which this story should be flogged, just as talk radio flogged Vince Foster and the like. To be clear, I have no real moral or ethical problem with pushing this story. Idon’t see much evidence that Bush didn’t win the popular vote, but after watching the GOP operate these last dozen years, I have absolutely no loyalty to those sort of lofty ideals anymore. If the vote was stolen in Ohio or Florida, then the election was stolen, period.

But, as I said, my problem with flogging the idea that the election was stolen on the basis of what we know now is that I think it might end up lowering voter participation on our side if people feel the system is rigged and we can’t prove it. I just don’t think it works in our favor to push this kind of electoral impotence two elections in a row. If we keep our powder dry proof may emerge and maybe we can make a serious case to the public. Otherwise, I think it’s best to frame this not as a stolen election but rather as a hideously run election system that must be fixed or we may be cutting off our nose to spite our face.

For the best round-up of these election stories, I would recommend the Sideshow and Bradblog. They have the most comprehensive overviews of all the stories and analysis that I’ve seen.