2 elections officials indicted in recount
Wednesday, August 31, 2005

By Mark Naymik
Cleveland Plain Dealer Politics Writer

Two Cuyahoga County elections officials were indicted Tuesday on charges of not handling ballots correctly during the recount of the 2004 presidential election. Kathleen Dreamer, manager of the board's ballot department, and the assistant manager, Rosie Grier, were each charged with six counts of failing to follow Ohio laws that spell out how ballots are selected and reviewed during a recount. The most serious charges carry a maximum of 18 months in prison.

Erie County Prosecutor Kevin J. Baxter conducted the investigation at the behest of Cuyahoga County Prosecutor Bill Mason, who recused himself from the case because his office represents the elections board.

The charges stem from a complaint first raised last December by Toledo lawyer Richard Kerger, who watched over the recount on behalf of two third-party candidates. Kerger charged that elections officials failed to randomly select precincts that were supposed to be counted by hand and compared against ballots tabulated by a machine; conduct test-runs before witnesses; and investigate discrepancies between vote totals.

Baxter would not offer details of his investigation but said he examined allegations that officials took "measures in order to all but assure that there would not be a countywide hand count."

Cuyahoga County's four elections board members issued a statement defending their employees and the voting process. "These allegations are based on interpretation of procedures, not on any suggestion of fraud," they said. Dreamer and Grier could not be reached for comment.

Roger Synenberg, who represents Dreamer, said the charges are unfounded. He accused Baxter of failing to fully examine the board's procedures and interview all potential witnesses.

"It's impossible to investigate this in a three-day grand jury investigation," said Synenberg, a former longtime elections board member. "He took the word of a few people at the board who don't understand the process." Synenberg asked Baxter last week to turn over all evidence to U.S. Attorney Greg White. "Calling into question the integrity of a national election requires that a thorough investigation be completed by the federal authorities," Synenberg said in a letter to Baxter.

Baxter said Tuesday that he "thoroughly and exhaustively investigated this" during almost three days of testimony. He said he even allowed a witness suggested by Synenberg to testify Tuesday morning. Baxter said the indictments will probably end his investigation.