Chilling RNC Statement on Anticipated Kerry/Edwards Election Day Litigation Strategy

November 1, 2004

I and many others have been warning of the Dems plan to win by fraud and litigation. Read this statement by RNC Communications Director Jim Dyke:


Contact: Press Office


Washington, DC – RNC Communications Director Jim Dyke made the following statement today:

After filing more than 40 lawsuits in 18 battleground states in recent weeks, and in keeping with their Election Day playbook, Democrats are prepared to execute an Election Day litigation strategy. As soon as the polls open in the morning, their touted 10,000-plus lawyers will systematically file litigation to change the rules in battleground states across the nation and create a sense of chaos.

Before the day is out, Democrats will begin to argue that every provisional ballot should be counted, regardless of the circumstances or legality in which it was cast, thus allowing them to convert third party registration fraud into voter fraud on behalf of John Kerry.

The Democrats’ Election Day litigation strategy has three primary objectives:

Securing special rules and extensions for the benefit of Democrats in predominately Democrat precincts.

Eliminating traditional safeguards against voter fraud, including I.D. requirements and voting in precinct.

Creating a sense of chaos, with the hope of casting a shadow of doubt over Election Day.

Tomorrow, we expect to see Democrat lawyers follow the Kerry-Edwards’ playbook and pursue the following plan to pre-emptively move the election from polling places to courthouses:

As the polls open Democrats will prepare to file action to keep GOP poll monitors out of polls.

Republican poll monitors will be stationed in precincts across the nation to ensure that all eligible voters can participate without harassment or intimidation. These volunteers will help to accomplish our goals of preventing eligible voters from being disenfranchised, making sure the law is followed and ensuring a transparent process with an accurate vote tabulation.

As soon as the courts open, Democrats will file suits alleging irregularities in the voting process.

As instructed in the Kerry-Edwards Election Day manual, lawyers in battleground states will allege intimidation and various irregularities in the voting process regardless of the evidence. This ploy will build a case for subsequent motions to keep polls open later in Democrat precincts. Claims may range from charges that certain polling places did not open on time, that there are not enough ballots to meet demand, or that election officials were ill equipped to handle voters’ questions. All are consistent with their Election Day playbook.

By noon, we expect to see litigation challenging state I.D. and voting requirements.

By noon, lawyers will take action to try to convert Democrats’ pattern of voter registration fraud into Election Day fraud by overturning state or federal law. Democrats will claim intimidation and seek to require that voters be allowed to cast a ballot without showing proof of identification. They may also seek to allow voting by those who are not legally registered to vote, such as felons.

In the early afternoon, Democrats will begin filing to keep the polls open.

These motions will seek to keep the polls open later only in areas where they know Democrats have an advantage. Legal action will often be coupled with phone banking to ensure that the polls are flooded with last minute voters claiming impending disenfranchisement. Other cases filed in the afternoon hours will look to allow out of precinct voting, despite recent rulings by state and federal courts that have stood on the side of 100 years of precedent.

Before the day is out, Democrats will begin to argue that every provisional ballot should be counted.

Before the day is out, Democrat lawyers will begin to argue that all provisional ballots should be counted. Democrat lawyers have already made this case – and lost – nine times in the past three months. By once again arguing to count ballots that were not legally cast, Democrats will be setting the stage to convert registration fraud into vote fraud. Kerry surrogates have already begun to blur the line, with Eric Holder recently boasting, “If every vote is allowed to be cast, and if every vote is counted, John Kerry will be President within a day of that election.” (Fox News Sunday, 10/17/04) In one contested national election where provisional ballots, which are presumptively not lawful ballots, were cast, between 7-to-23% of them were found to be valid.

In each case, Democrats will seek out a last minute order from a friendly judge. These 11th hour challenges to longstanding state laws and statutes of bipartisan election legislation are attempts to change the rules in ways that would make it easier to engage in systematic vote fraud on Election Day.

If they are successful in keeping the polls open in Democrat precincts and eliminating traditional safeguards against voter fraud, Democrat lawyers will effectively and illegally give John Kerry the advantage.

In seeking to take the election to court, the Democrats will be affirming that they are the party of trial lawyers. Their litigation strategy will not only be doing a disservice to legitimate voters who have cast their ballots in accordance with the law, but to the American process of free and fair presidential elections.

This statement speaks for itself. I’ll just say that I remember all too well the lengths to which the Dems were prepared to and did go to win the election through contests in Florida. They’ve since had four years to prepare and refine their election fraud strategies. They’ve had the time to line up 10,000 lawyers — I heard Kerry admit that to Tom Brokaw. He says they are to ensure that every vote is counted. No, they are to deliver a fraudulent victory to Kerry through litigation in lieu of the ballot box. If Dems see they’re losing it doesn’t appear that they’ll have any qualms in turning this nation into a banana republic with little integrity in the election process. It’s hard to believe that even they would stoop so low. Let’s pray these fears are overblown, or, in the alternative, that the electoral victory is so decisive as to deter any serious challenges.