Tokaji Answers the Call

Dan Tokaji, whose views on this I respect more than anyone else, has written this must-read analysis of RFK Jr's Rolling Stone article claiming that the 2004 presidential election was stolen in Ohio. A snippet:

Kennedy's treatment of his subject differs from most "stolen election" arguments we've heard since 2004, in that it's much more comprehensively researched -- including over 200 footnotes that would make a law professor proud. While there's not a whole lot of new information here, Kennedy does a nice job of explaining and cataloguing the numerous problems that did in fact occur in Ohio's 2004 election. For reasons explained below, I don't think he makes a persuasive case that the election was "stolen" (i.e., that Kerry really won). The article is nevertheless useful in exposing how shoddy election administration practices can result in lost votes, and how some recently enacted laws will make things worse rather than better.

-- 
Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
919 Albany Street
Los Angeles, CA  90015-1211
(213)736-1466
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org