Report — From the November 2012 issue

How to Rig an Election

The G.O.P. aims to paint the country red

( 3 of 10 )

Symbolically speaking, this era was inaugurated by Chuck Hagel, an unknown millionaire who ran for one of Nebraska’s U.S. Senate seats in 1996. Initially Hagel trailed the popular Democratic governor, Ben Nelson, who had been elected in a landslide two years earlier. Three days before the election, however, a poll conducted by the Omaha World-Herald showed a dead heat, with 47 percent of respondents favoring each candidate. David Moore, who was then managing editor of the Gallup Poll, told the paper, “We can’t predict the outcome.”

Hagel’s victory in the general election, invariably referred to as an “upset,” handed the seat to the G.O.P. for the first time in eighteen years. Hagel trounced Nelson by fifteen points. Even for those who had factored in the governor’s deteriorating numbers and a last-minute barrage of negative ads, this divergence from pre-election polling was enough to raise eyebrows across the nation.

Few Americans knew that until shortly before the election, Hagel had been chairman of the company whose computerized voting machines would soon count his own votes: Election Systems & Software (then called American Information Systems). Hagel stepped down from his post just two weeks before announcing his candidacy. Yet he retained millions of dollars in stock in the McCarthy Group, which owned ES&S. And Michael McCarthy, the parent company’s founder, was Hagel’s campaign treasurer.

Whether Hagel’s relationship to ES&S ensured his victory is open to speculation. But the surprising scale of his win awakened a new fear among voting-rights activists and raised a disturbing question: Who controls the new technology of Election Night?

“Why would someone who owns a voting-machine company want to run for office?” asked Charlie Matulka, a Democrat who contested Hagel’s Senate seat in 2002. Speaking at a press conference shortly before the election, he added: “Is this the fox guarding the henhouse?” A construction worker with limited funding and name recognition, Matulka was obviously a less formidable competitor than Nelson. Still, Hagel won an astonishing 83 percent of the vote—among the largest margins of victory in any statewide race in Nebraska’s history. And with nearly 400,000 registered Democrats on the rolls, Matulka managed to scrape up only 70,290 votes.

Hagel had never actually disclosed his financial ties to ES&S, and Matulka requested an investigation by the Senate Ethics Committee. His request was rejected. Equally futile was his call for a hand count of the ballots, since a state law specified that recounts had to be conducted using the very same “vote-counting device” that was used to begin with—in this case, the ES&S optical scanners.

Meanwhile, the new millennium, far from delivering a democratic promised land, presented Americans with the debacle of the 2000 presidential election, whose fate hung absurdly on “hanging chads”—the little pieces of punched-out ballot so contentiously examined during the monthlong recount. Few Americans knew (and many still do not know) that a faulty computer memory card triggered this fiasco. Late on Election Night, Al Gore’s total in Volusia County, Florida, suddenly dropped when one precinct reported 16,000 negative votes. Fox News was immediately prompted by Florida governor Jeb Bush to call the election for his brother. On his way to a 3 a.m. public concession, Gore changed course when a campaign staffer discovered that he was actually ahead in Volusia County by 13,000 votes.

But the damage was done. Gore was cast as a sore loser in a hostile media environment. His effort to obtain a recount was described by Sean Hannity on Fox News as an attempt to “steal the election.” Meanwhile, George W. Bush invoked his duty to get on with the business of running the country. The rest, as they say, is history.

We are now in the midst of yet another election season. And as November 6 approaches, only one thing is certain: American voters will have no ability to know with certainty who wins any given race, from dogcatcher to president. Nor will we know the true results of ballot initiatives and referenda affecting some of the most vital issues of our day, including fracking, abortion, gay marriage, GMO-food labeling, and electoral reform itself. Our faith-based elections are the result of a new Dark Age in American democracy, brought on, paradoxically, by techological progress.

is a writer and election-integrity activist living in Mexico.

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