From RNC Communications

For Immediate Release Contact: Press Office
Monday, November 1, 2004

"Right now, we have 10,000 lawyers out in the battleground states on Election Day, and that number is growing by the day." (Kerry Adviser Michael Whouley to the Associated Press, 10/20/04)
“If no signs of intimidation techniques have emerged yet, launch a ‘pre-emptive strike.’”  (Kerry-Edwards Election Day Manual, November 2004, page 54)
"Sen. John Kerry, bracing for a potential fight over election results, will not hesitate to declare victory Nov. 2 and defend it, advisers say. He also will be prepared to name a national security team before knowing whether he's secured the presidency."  (Ron Fournier, "Kerry's Strategy For Nov. 3: Do Not Repeat Gore's Mistakes," The Associated Press, 10/20/04) 

Statement from

RNC Communications Director Jim Dyke

Election Day Chronology

Anticipated Kerry-Edwards and Democrat Election
Day Litigation Strategy

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:
  1. Securing special rules and extensions for the benefit of Democrats in predominately Democrat precincts.
  2. Eliminating traditional safeguards against voter fraud, including I.D. requirements and voting in precinct.
  3. 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:
      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 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, 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.
      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, 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.