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A tale of two elections: the US and Ukraine in 2004
By Andre Damon
14 September 2006
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With the approach of the November midterm elections, the Democratic
and Republican parties are redoubling their efforts to curtail
the American peoples voting rights, through both the direct
disenfranchisement of voters and the denial of ballot access to
third parties.
To cite one example of many, Republicans in Congress and several
state legislatures are working to pass laws that would require
voters to present drivers licenses or state-issued identification
cards at polling stations, potentially disenfranchising hundreds
of thousands of predominantly working class and poor voters who
do not have such forms of identification.
These actions are by no means limited to the Republicans. For
their part, the Democrats are systematically
mounting challenges to legitimate petitions gathered by third-party
candidates in an attempt to keep popular opposition to their right-wing
policies from finding expression on the ballot.
These realities underscore the hypocrisy of the official line,
unquestioned in the media and political establishment, that US
foreign policy is driven by a selfless desire to deliver democracy
to the oppressed peoples of the world.
There is, in fact, a glaring double standard between the democratic
criteria the US government applies to elections abroad (when and
where it suits Washingtons political agenda) and the official
attitude to the American electoral process. As this article will
demonstrate, if the standards of fairness, openness and democratic
access used by the US government to validate or reject elections
in other countries were applied to recent American elections,
the US elections wouldby a wide marginfail the test.
In recent years, Washingtons crusade for free elections
has become a useful foreign policy tool, particularly in Central
Europe and the Caucasus. The past six years have seen the US use
charges of electoral fraud to dislodge a number of governments
that it considered an obstacle to its interests due to their close
relations with Russia.
In each of these cases, US-financed think tanks and NGOs recruited,
trained, and organized so-called democratic opposition movements
to dispute election results with the aim of effecting regime change.
The first example of such a postmodern coup détat,
as Britains Guardian newspaper styled it, was the
toppling of Serbias Slobodan Milosevic in October 2000.
The Georgian Rose Revolution proceeded along similar
lines in November 2003, followed a year later by Ukraines
Orange Revolution. All three of these overthrows took
place in the aftermath of highly contested elections between candidates
allied with Russia and those backed by the US, ultimately culminating
in the installation of pro-American governments.
The Orange Revolution overturned the results of
the 2004 Ukrainian presidential election, the primary round of
which took place on October 31, just two days before the presidential
election in the US. After no candidate received a majority of
the vote in the first round, the elections outcome was to
be decided in a runoff between the pro-Kremlin Victor Yanukovich
and the neo-liberal, pro-US Victor Yushchenko. The second round
took place on November 21, with each candidate declaring victory
amid mutual allegations of fraud.
When the Ukrainian government awarded the presidency to Yanukovich,
the US State Department promptly declared the election invalid
and did everything it could to force a new runoff vote and orchestrate
an outcome more favorable to American interests. Several weeks
later, the US got its wish when its preferred candidate, Yushchenko,
was elected in a second runoff.
All this transpired only weeks after the Bush administration,
which had come to power four years earlier by means of fraud and
the suppression of votes, was reelected amid widespread allegations
of ballot tampering and the deliberate exclusion of Democratic
voters. One of the first acts of the reelected Bush administration
was to denounce the outcome of the first Ukrainian runoff, declaring
the vote invalid and flatly refusing to recognize Yanukovichs
victory.
It is instructive, in light of issues that arose in the 2004
US presidential election, to examine the charges made by the US
and European authorities to declare the initial Ukrainian runoff
election invalid. As will be seen, an objective review leads to
the conclusion that, were the standards of fairness and transparency
demanded of Ukraine applied to the US 2004 election, the results
of the American election would have to be annulled.
Exit poll discrepancies
As if on command, the US media turned its attention to Ukraine
in the weeks before that countrys election, painting Yushchenko,
a former functionary under the old regime, as a democratic reformer
being silenced by an oppressive government. From the day of the
election, the American media unanimously declared Yanukovichs
victory to be fraudulent, citing discrepancies between exit polls
(which were themselves financed by the Bush administration) and
official election results.
The official results of the first 2004 Ukrainian runoff election
did, in fact, differ markedly from the projections made by exit
polls. The official vote count proclaimed Yanukovich the winner
by 2.7 percent, while two exit polls showed him losing by 2 and
8 percent, respectively, thus producing a disparity of 4.7 percent
and 10.7 percent.
However, the same sort of discrepancy had occurred three weeks
before in the US presidential election, with some states showing
up to a 9.5 percent disparity between the projections of exit
polls and the official tallies of counted ballots. Preliminary
polls predicted that the Democratic candidate, John Kerry, had
a solid majority of both popular and Electoral College votes.
At 8 p.m. on the evening of the election, a Fox News
analyst stated, Either the exit polls, by and large, are
completely wrong, or George Bush loses.
The US exit poll discrepancy has never been explained in any
credible fashion. One must keep in mind that, in the US, exit
polling has long been considered a reliable and scientific process,
and such polls have almost without exception correctly predicted
the eventual outcome of elections.
Perhaps sensing the absurdity of its position, the Bush administration
made no direct mention of the exit poll discrepancy in its denunciation
of the Ukrainian election, letting its media hirelings do the
talking on that particular point.
Rather, the US government based its denunciation of the Ukrainian
election on several factors: the alleged misallocation of government
resources, intimidation of voters, and uneven and biased media
coverage favoring Yanukovich. Allegations of outright vote fraud
were thrown in for good measure, although there is no reason to
believe that fraud was any more widespread on one side than on
the other.
These allegations were based on the findings of an election
observation mission sent by the Organization for Security and
Cooperation in Europe (OSCE). Noting deviations from electoral
standards, the OSCE declared that the Ukrainian election did
not meet a considerable number of OSCE commitments. The
OSCE did not, however, use the word fraud.
The OSCE also sent a delegation to observe the US election,
which noted similar transgressions. However, the organizations
findings were, for obvious reasons, brushed over with the conclusion
that the presidential election mostly met agreed-upon
standards.
The OSCEs findings
In denouncing the Ukrainian election, the Bush administration
claimed that the incumbent party used its control of the state
to secure the election of Yanukovich.
But the OSCE noted that in the US, incumbent parties gerrymander
whole voting districts to fit their political needs. The OSCE
report on the US election took notice of the fact that only
a small proportion of the elections for the 434 Congressional
districts were generally perceived to be competitive. It
continued: This was attributed largely to the way in which
Congressional district boundaries are drawn so as to favor the
incumbent party.
In the US, elections are overseen in each state by the secretary
of state, usually a political appointee of the governor. In 2000
and 2004, the secretaries of state in Florida and Ohio served
as co-chairs of the Bush election campaign committees in their
states. Both played major roles in what is widely regarded as
the suppression of working class votes and other measures that
tilted the outcome in Bushs favor. The OSCE report dryly
noted that such a state of a state of affairs may raise
questions of possible conflict of interest.
In its analysis of the Ukrainian election, the OSCE noted that
people unrelated to the voting process were present at polling
stations, in some cases attempting to intimidate voters. The Bush
administration and its delegation to the OSCE cited this issue
as proof that Yanukovichs runoff victory was obtained by
fraudulent means.
Yet in the 2004 US election, the incumbent party used outright
intimidation tactics to deny voters their basic rights. The Republicans
threatened to send thousands of partisan operatives to contest
the validity of working class and minority voters registration
documents. This was done with the deliberate aim of discouraging
people likely to vote against Bush and the Republicans from turning
out to vote. The OSCE report on the US election noted that even
the prospect of such challenges might have the effect of
deterring participation by legitimate voters.
The OSCE also wrote that that by denying ex-felons the right
to vote, many US states were violating international provisions
that require member states to guarantee universal and equal
suffrage to adult citizens.
The observation mission also noted that since the US election
took place on a weekday during business hours, many working people
who could not take time off were prevented from voting. In a large
number of cases, those who did show up to vote, some on their
lunch breaks, had to face lines several hours long.
By contrast, the Ukrainian election took place on a Sunday
and the OSCE reported no long lines, even though the percentage
turnout in Ukraine was much higher than in the US.
As for outright voter suppression, it was so prevalent in the
US election that even the OSCE delegation was compelled to note
that allegations of electoral fraud and voter suppression,
primarily among minorities, were widely reported and presented.
To cite one example of dozens, in Ohio, white voters had to
wait at polling stations for an average of 12 minutes, while black
voters waited for 58 minutes on average. Again, the OSCE document
treated the US electoral system with kid gloves in regard to the
racial discrimination seen in the 2004 election, stating only
that The EOM (election observation mission) is concerned
that the widespread nature of these allegations may undermine
confidence in the electoral process.
The OSCE wrote that it did not have firsthand evidence to substantiate
many of these reports, no doubt because it was not allowed to
observe election proceedings in a large number of states and counties.
Since the interpretation of election law is handled by political
appointees of the incumbent party, there is a high probability
that the OSCE was intentionally barred from observing areas where
fraud was taking place. The observation mission noted that preventing
election observers from witnessing voting procedures was not in
line with the United States international commitments.
Ballot access
While the OSCE report points to voter suppression and intimidation
by the incumbent party in the 2004 US election, the report barely
touches upon a more fundamental and systemic issue. Even if Americans
had full voting rights, what sort of choice would they have when
it came to casting their ballot?
The OSCE notes that The Republican Party and the Democratic
Party, two long-standing and well-established parties, with substantial
material and institutional resources, dominate the political landscape.
Whereas the two big-business parties are on the ballot by default
in many states, third parties are required to devote inordinate
time and resources to collecting, verifying and legally defending
signatures of registered voters in their districts.
The US has some of the industrialized worlds most strenuous
restrictions on ballot access for third-party candidates. According
to an article published in Ballot Access News, the American
states of Georgia and Illinois, for example, have ballot access
barriers for state offices that are five to ten times more restrictive
than those for similar positions in Ukraine.
Oklahoma requires more than 73,000 signatures; California requires
more than 165,000; North Carolina and Florida require more than
100,000. The number of signatures required to place a new party
on the ballot for US president in all 50 states today approaches
1 million.
Ukrainian voters nationwide could cast ballots for 24 political
parties in the 2004 presidential election. In contrast, only two
candidates were on the ballot in all 50 US states, and only four
others gained ballot status in enough states to stand a theoretical
chance of contesting the election. Third parties received less
than 1 percent of the vote in the US election, whereas the smaller
parties in Ukraine received 12 percent.
Then there are the restrictions, legal and improvised, on the
ability of third-party candidates to petition in public places
such as shopping malls, and even on public sidewalks. Arbitrary
bans and police harassment are routine. In the event that third-party
candidates do collect the necessary number of signatures, they
can expect their petitions to be challenged by either the Democrats
or Republicans, necessitating further expenditures for legal counsel
and petition-checking.
As a result, third-party candidates who do attempt to get on
the ballot are forced to spend a large portion, if not the majority,
of their time and financial resources on merely acquiring ballot
status. While all of this goes on, the major parties, with millions
at their disposal, can spend their time and resources campaigning.
The 2004 election saw the Democratic Party levy its resources
to prevent independent candidate Ralph Nader from getting on the
ballot. The Democrats hired teams of lawyers to uncover and make
use of every possible technicality to frustrate the will of voters
who signed petitions to place Nader on the ballot, and in many
states succeeded in keeping him off the ballot through bad-faith
challenges, some of which were reversed in the courts after the
ballots had already been printed.
The same methods were used by both major parties against candidates
of the Socialist Equality Partyin Illinois (where the Democrats
failed to bar Tom Mackaman from the ballot) and Ohio (where the
Republican secretary of state successfully excluded David Lawrence).
The media
The Bush administration further alleged that the initial Ukrainian
runoff election was tainted by inadequate media coverage for Washingtons
favored candidate, Yushchenko. This assertion is particularly
ironic, in view of the fact that the American media conglomerates,
themselves subsidiaries of even more colossal corporate empires,
systematically black out third-party candidates and uphold the
two-party system.
The US corporate media generally mentions third-party candidates
only as objects of derision, diversions from the real
electoral contest whose role is to steal votes from
the big business parties. While the US does have a limited government-subsidized
public broadcasting program, the Supreme Court recently struck
down a local law that compelled public television stations to
invite all candidates to participate in debates.
In addition to the alleged disparity in airtime devoted to
the candidates, the OSCE noted that the Ukrainian government influenced
election coverage by restricting discussion on certain campaign
topics. These allegations also provided grounds for the Bush administrations
cries of fraud.
This again highlights the hypocrisy and double standard of
the US government. The Bush administration has a record not only
of instructing reporters to keep silent about major policy issues,
but of itself overseeing the distribution of fake news broadcasts
performed by hired actors disguised as newscasters and journalists.
Arbitrary ballot access laws designed to block independent
and third-party candidates, police harassment of petitioners,
obstructionist tactics by the major parties, and media bias thus
combine to make US elections fundamentally anti-democratic. By
such means, the American corporate-financial ruling elite maintains
the political monopoly of two parties that it funds and sponsorsboth
of which parties, whatever their increasingly minor tactical differences,
defend the capitalist status quo.
The political duopoly imposed by such constraints has the effect
of politically demoralizing the American people and effectively
disenfranchising wide layers of the population. Thus, the 2004
Ukrainian presidential election had a voter turnout of 75 percent,
whereas the US election saw an unusually high turnout
of 42 percent.
Notwithstanding the fraud and corruption that undoubtedly existed
in the 2004 Ukrainian presidential election, in some critical
respects, including ballot access for smaller parties and independent
candidates, it was freer and more democratic than the one that
took place in the US three weeks earlier.
See Also:
Ukraine: "Orange Revolution"
leader Yushchenko accepts coalition with pro-Russian rival
[7 August 2006]
Ukraine: Constitutional crisis
deepens as Orange parties jostle for power
[27 July 2006]
Pro-Russian party set to form
government in Ukraine
[25 July 2006]
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