On Monday New York Times Columnist Bob Herbert echoed Robert Kennedy Jr. in challenging the validity of the 2004 election in Ohio.

If all the votes were counted and all the Kerry voters had reached the polls, Kerry would have won Ohio and the presidency, opines Herbert. Herbert specifically cited the Robert Kennedy Jr. article in Rolling Stone in June 2006, and an earlier article that ran in Harper's magazine, as his main sources.

The Herbert column is reprinted below:

"Those Pesky Voters"
Bob Herbert
June 12, 2006
The lesson out of Ohio on Election Day 2004 is that the integrity of the election process needs to be more fiercely defended in the face of outrageous Republican assaults.

I remember fielding telephone calls on Election Day 2004 from friends and colleagues anxious to talk about the exit polls, which seemed to show that John Kerry was beating George W. Bush and would be the next

As the afternoon faded into evening, reports started coming in that the Bush camp was dispirited, maybe even despondent, and that the Kerry crowd was set to celebrate.

(In an article in the current issue of Rolling Stone, Robert F. Kennedy Jr. writes, “In London, Prime Minister Tony Blair went to bed contemplating his relationship with President-elect Kerry.”)

I was skeptical.

The election was bound to be close, and I knew that Kerry couldn’t win Florida. I had been monitoring the efforts to suppress Democratic votes there and had reported on the thuggish practice (by the Jeb Bush administration) of sending armed state police officers into the homes of elderly black voters in Orlando to “investigate” allegations of voter fraud.

As far as I was concerned, Florida was safe for the G.O.P. That left Ohio.

Republicans, and even a surprising number of Democrats, have been anxious to leave the 2004 Ohio election debacle behind.

But Mr. Kennedy, in his long, heavily footnoted article (“Was the 2004 Election Stolen?”), leaves no doubt that the democratic process was trampled and left for dead in the Buckeye State.

Mr. Kerry almost certainly would have won Ohio if all of his votes had been counted, and if all of the eligible voters who tried to vote for him had been allowed to cast their ballots.

Mr. Kennedy’s article echoed and expanded upon an article in Harper’s (“None Dare Call It Stolen,” by Mark Crispin Miller) that ran last summer.

Both articles documented ugly, aggressive and frequently unconscionable efforts by G.O.P. stalwarts to disenfranchise Democrats in Ohio, especially those in urban and heavily black areas.

The point man for these efforts was the Ohio secretary of state, J. Kenneth Blackwell, a Republican who was both the chief election official in the state and co-chairman of the 2004 Bush-Cheney campaign in Ohio — just as Katherine Harris was the chief election official and co-chairwoman of the Bush-Cheney campaign in Florida in 2000.

No one has been able to prove that the election in Ohio was hijacked. But whenever it is closely scrutinized, the range of problems and dirty tricks that come to light is shocking.

What’s not shocking, of course, is that every glitch and every foul-up in Ohio, every arbitrary new rule and regulation, somehow favored Mr. Bush.

For example, the shortages of voting machines and the long lines with waits of seven hours or more occurred mostly in urban areas and discouraged untold numbers of mostly Kerry voters.

Walter Mebane Jr., a professor of government at Cornell University, did a statistical analysis of the vote in Franklin County, which includes the city of Columbus.

He told Mr. Kennedy, “The allocation of voting machines in Franklin County was clearly biased against voters in precincts with high proportions of African-Americans.”

Mr. Mebane told me that he compared the distribution of voting machines in Ohio’s 2004 presidential election with the distribution of machines for a primary election held the previous spring.

For the primary, he said, “There was no sign of racial bias in the distribution of the machines.” But for the general election in November, “there was substantial bias, with fewer voting machines per voter in areas that were heavily African-American.”

Mr. Mebane said he was unable to determine whether the machines were “intentionally” allocated “to create these biases.”

Mr. Kennedy noted that this was just one of an endless sequence of difficulties confronting Democratic voters that stretched from the registration process to the post-election recount.

Statistical analyses — not just of the distribution of voting machines, but of wildly anomalous voting patterns — have left nonpartisan experts shaking their heads.

The lesson out of Ohio (and Florida before it) is that the integrity of the election process needs to be more fiercely defended in the face of outrageous Republican assaults. Democrats, the media and ordinary voters need to fight back.

The right to vote is supposed to mean something in the United States. The idea of going to war overseas in the name of the democratic process while making a mockery of that process here at home is just too ludicrous.