Presidential election results map. Red denotes states won by Bush/Cheney, Blue denotes those won by Kerry/Edwards. The split vote in Minnesota denotes a faithless elector's vote counted for John Edwards. Each number represents the electoral votes a state gave to one candidate.
Bush and incumbent Vice President Dick Cheney were renominated by their party with no difficulty. Howard Dean was initially the frontrunner for the Democratic Party's nomination, but Kerry won nearly all of the primaries and caucuses. Kerry chose Senator John Edwards of North Carolina, who had himself sought that party's 2004 presidential nomination, to be his running mate.
Bush's margin of victory in the popular vote was the smallest ever for a reelected incumbent president, but marked the first time since his father's victory 16 years prior that a candidate won a majority of the popular vote. The electoral map closely resembled that of 2000, with only three states changing sides: New Mexico and Iowa voted Republican in 2004 after having voted Democratic in 2000, while New Hampshire voted Democratic in 2004 after previously voting Republican. In the Electoral College, Bush received 286 votes to Kerry's 252.
Just eight months into his presidency, the terrorist attacks of September 11, 2001 suddenly transformed Bush into a wartime president. Bush's approval ratings surged to near 90%. Within a month, the forces of a coalition led by the United States entered Afghanistan, which had been sheltering Osama bin Laden, suspected mastermind of the September 11 attacks. By December, the Taliban had been removed as rulers of Kabul, although a long and ongoing reconstruction would follow, severely hampered by ongoing turmoil and violence within the country.
The Bush administration then turned its attention to Iraq, and argued the need to remove Saddam Hussein from power in Iraq had become urgent. Among the stated reasons were that Saddam's regime had tried to acquire nuclear material and had not properly accounted for biological and chemical material it was known to have previously possessed, and believed to still maintain. Both the possession of these weapons of mass destruction (WMD), and the failure to account for them, would violate the U.N. sanctions. The assertion about WMD was hotly advanced by the Bush administration from the beginning, but other major powers including China, France, Germany, and Russia remained unconvinced that Iraq was a threat and refused to allow passage of a UN Security Council resolution to authorize the use of force. Iraq permitted UN weapon inspectors in November 2002, who were continuing their work to assess the WMD claim when the Bush administration decided to proceed with war without UN authorization and told the inspectors to leave the country. The United States invaded Iraq on March 20, 2003, along with a "coalition of the willing" that consisted of additional troops from the United Kingdom, and to a lesser extent, from Australia and Poland. Within about three weeks, the invasion caused the collapse of both the Iraqi government and its armed forces, however, the U.S. and allied forces failed to find any weapon of mass destruction in Iraq. Traces of former materials and weapons labs were reported to have been located, but no "smoking guns". Nevertheless, on May 1, George W. Bush landed on the aircraft carrier USS Abraham Lincoln, in a LockheedS-3 Viking, where he gave a speech announcing the end of "major combat operations" in the Iraq War. Bush's approval rating in May was at 66%, according to a CNN–USA Today–Galluppoll. However, Bush's high approval ratings did not last. First, while the war itself was popular in the U.S., the reconstruction and attempted "democratization" of Iraq lost some support as months passed and casualty figures increased, with no decrease in violence nor progress toward stability or reconstruction. Second, as investigators combed through the country, they failed to find the predicted WMD stockpiles, which led to debate over the rationale for the war.
Bush's popularity rose as a wartime president, and he was able to ward off any serious challenge to the Republican nomination. Senator Lincoln Chafee of Rhode Island considered challenging Bush on an anti-war platform in New Hampshire, but decided not to run after the capture of Saddam Hussein in December 2003.
On March 10, 2004, Bush officially clinched the number of delegates needed to be nominated at the 2004 Republican National Convention in New York City. Bush accepted the nomination on September 2, 2004, and selected Vice PresidentDick Cheney as his running mate. (In New York, the ticket was also on the ballot as candidates of the Conservative Party of New York State.) During the convention and throughout the campaign, Bush focused on two themes: defending America against terrorism and building an ownership society. The ownership society included allowing people to invest some of their Social Security in the stock market, increasing home and stock ownership, and encouraging more people to buy their own health insurance.
By summer of 2003, Howard Dean had become the apparent front runner for the Democratic nomination, performing strongly in most polls and leading the pack with the largest campaign war chest. Dean's strength as a fund raiser was attributed mainly to his embrace of the Internet for campaigning. The majority of his donations came from individual supporters, who became known as Deanites, or, more commonly, Deaniacs. Generally regarded as a pragmatic centrist during his time as governor, Dean emerged during his presidential campaign as a left-wing populist, denouncing the policies of the Bush administration (especially the 2003 invasion of Iraq) as well as fellow Democrats, who, in his view, failed to strongly oppose them. Senator Lieberman, a liberal on domestic issues but a hawk on the War on Terror, failed to gain traction with liberal Democratic primary voters.
In September 2003, retired four-star general Wesley Clark announced his intention to run in the presidential primary election for the Democratic Party nomination. His campaign focused on themes of leadership and patriotism; early campaign ads relied heavily on biography. His late start left him with relatively few detailed policy proposals. This weakness was apparent in his first few debates, although he soon presented a range of position papers, including a major tax-relief plan. Nevertheless, the Democrats did not flock to support his campaign.
In sheer numbers, Kerry had fewer endorsements than Howard Dean, who was far ahead in the superdelegate race going into the Iowa caucuses in January 2004, although Kerry led the endorsement race in Iowa, New Hampshire, Arizona, South Carolina, New Mexico and Nevada. Kerry's main perceived weakness was in his neighboring state of New Hampshire and nearly all national polls. Most other states did not have updated polling numbers to give an accurate placing for the Kerry campaign before Iowa. Heading into the primaries, Kerry's campaign was largely seen as in trouble, particularly after he fired campaign manager Jim Jordan. The key factors enabling it to survive were when fellow Massachusetts Senator Ted Kennedy assigned Mary Beth Cahill to be the campaign manager, as well as Kerry's mortgaging his own home to lend the money to his campaign (while his wife was a billionaire, campaign finance rules prohibited using one's personal fortune). He also brought on the "magical" Michael Whouley who would be credited with helping bring home the Iowa victory the same as he did in New Hampshire for Al Gore in 2000 against Bill Bradley.
In the race for individual contributions, economist Lyndon LaRouche dominated the pack leading up to the primaries. According to the Federal Election Commission statistics, LaRouche had more individual contributors to his 2004 presidential campaign than any other candidate, until the final quarter of the primary season, when John Kerry surpassed him. As of the April 15 filing, LaRouche had 7834 individual contributions, of those who have given cumulatively, $200 or more, as compared to 6257 for John Kerry, 5582 for John Edwards, 4090 for Howard Dean, and 2744 for Gephardt.
By the January 2004 Iowa caucuses, the field had dwindled down to nine candidates, as Bob Graham had dropped out of the race. Howard Dean was a strong front-runner. However, the Iowa caucuses yielded unexpectedly strong results for Democratic candidates John Kerry, who earned 38% of the state's delegates and John Edwards, who took 32%. Former front-runner Howard Dean slipped to 18% and third place, and Richard Gephardt finished fourth (11%). In the days leading up to the Iowa vote, there was much negative campaigning between the Dean and Gephardt camps.
The dismal results caused Gephardt to drop out and later endorse Kerry. Carol Moseley Braun also dropped out, endorsing Howard Dean. Besides the impact of coming in third, Dean was further hurt by a speech he gave at a post-caucus rally. Dean was shouting over the cheers of his enthusiastic audience, but the crowd noise was being filtered out by his unidirectional microphone, leaving only his full-throated exhortations audible to the television viewers. To those at home, he seemed to raise his voice out of sheer emotion. The incessant replaying of the "Dean Scream" by the press became a debate on the topic of whether Dean was the victim of media bias. The scream scene was shown approximately 633 times by cable and broadcast news networks in just four days following the incident, a number that does not include talk shows and local news broadcasts. However, those who were in the actual audience that day insist that they were not aware of the infamous "scream" until they returned to their hotel rooms and saw it on TV.
Kerry had revived his campaign and began using the slogan "Comeback Kerry."
On January 27, Kerry triumphed again, winning the New Hampshire primary. Dean finished second, Clark was third, and Edwards placed fourth. The largest of the debates was held at Saint Anselm College where both Kerry and Dean had strong performances.
Senator Kerry at a primary rally in St. Louis, Missouri, at the St. Louis Community College – Forest Park
The following week, John Edwards won the South Carolina primary and finished a strong second in Oklahoma to Clark. Lieberman dropped out of the campaign the following day. Kerry dominated throughout February and his support quickly snowballed as he won caucuses and primaries, taking in a string of wins in Michigan, Washington, Maine, Tennessee, Washington, D.C., Nevada, Wisconsin, Utah, Hawaii, and Idaho. Clark and Dean dropped out during this time, leaving Edwards as the only real threat to Kerry. Kucinich and Sharpton continued to run despite poor results at the polls.
In March's Super Tuesday, Kerry won decisive victories in the California, Connecticut, Georgia, Maryland, Massachusetts, New York, Ohio, and Rhode Island primaries and the Minnesota caucuses. Dean, despite having withdrawn from the race two weeks earlier, won his home state of Vermont. Edwards finished only slightly behind Kerry in Georgia, but, failing to win a single state other than South Carolina, chose to withdraw from the presidential race. Sharpton followed suit a couple weeks later. Kuninch did not leave the race officially until July.
On July 6, John Kerry selected John Edwards as his running mate, shortly before the 2004 Democratic National Convention in Boston, held later that month. Days before Kerry announced Edwards as his running mate, Kerry gave a short list of three candidates: Sen John Edwards, Rep Dick Gephardt, and Gov Tom Vilsack. Heading into the convention, the Kerry/Edwards ticket unveiled their new slogan—a promise to make America "stronger at home and more respected in the world." Kerry made his Vietnam War experience the prominent theme of the convention. In accepting the nomination, he began his speech with, "I'm John Kerry and I'm reporting for duty." He later delivered what may have been the speech's most memorable line when he said, "the future doesn't belong to fear, it belongs to freedom", a quote that later appeared in a Kerry/Edwards television advertisement.
The keynote address at the convention was delivered by Illinois State Senator (and future president) Barack Obama; the speech was well received and elevated his status within the Democratic Party.
There were four other presidential tickets on the ballot in a number of states totaling enough electoral votes to have a theoretical possibility of winning a majority in the Electoral College. They were:
Bush focused his campaign on national security, presenting himself as a decisive leader and contrasted Kerry as a "flip-flopper." This strategy was designed to convey to American voters the idea that Bush could be trusted to be tough on terrorism while Kerry would be "uncertain in the face of danger." Bush (just as his father did with Dukakis in the 1988 election) also sought to portray Kerry as a "Massachusetts liberal" who was out of touch with mainstream Americans. One of Kerry's slogans was "Stronger at home, respected in the world." This advanced the suggestion that Kerry would pay more attention to domestic concerns; it also encapsulated Kerry's contention that Bush had alienated American allies by his foreign policy.
According to one exit poll, people who voted for Bush cited the issues of terrorism and traditional values as the most important factors in their decision. Kerry supporters cited the war in Iraq, the economy and jobs, and health care.
Bush speaking at campaign rally in St. Petersburg, Florida, October 19, 2004
Over the course of Bush's first term in office, his extremely high approval ratings immediately following the September 11, 2001, terrorist attacks steadily dwindled, peaking only during combat operations in Iraq in the spring of 2003, and again following the capture of Saddam Hussein in December the same year. Kerry supporters attempted to capitalize on the dwindling popularity to rally anti-war sentiment.
In March 2004, the Bush/Cheney campaign was criticized by 2004 Racism Watch. The organization took offense to a campaign ad, which showed a man who was possibly Middle Eastern in a negative light. 2004 Racism Watch issued a press release calling on the campaign to pull the ad, calling it disturbing and offensive.
Meanwhile, Kerry was accused by the Swift Vets and POWs for Truth, who averred that "phony war crimes charges, his exaggerated claims about his own service in Vietnam, and his deliberate misrepresentation of the nature and effectiveness of Swift boat operations compels us to step forward." The group challenged the legitimacy of each of the combat medals awarded to Kerry by the U.S. Navy, and the disposition of his discharge.
In the beginning of September, the successful Republican National Convention along with the allegations by Kerry's former mates gave Bush his first comfortable margin since Kerry had won the nomination. A post-convention Gallup poll showed the President leading the Senator by 14 points.
Three presidential debates and one vice presidential debate were organized by the Commission on Presidential Debates, and held in the autumn of 2004. As expected, these debates set the agenda for the final leg of the political contest. Libertarian Party candidate Michael Badnarik and Green Party candidate David Cobb were arrested while trying to access the debates. Badnarik was attempting to serve papers to the Commission on Presidential Debates.
The first debate was held on September 30 at the University of Miami, moderated by Jim Lehrer of PBS. During the debate, slated to focus on foreign policy, Kerry accused Bush of having failed to gain international support for the 2003 Invasion of Iraq, saying the only countries assisting the U.S. during the invasion were the United Kingdom and Australia. Bush replied to this by saying, "Well, actually, he forgot Poland." Later, a consensus formed among mainstream pollsters and pundits that Kerry won the debate decisively, strengthening what had come to be seen as a weak and troubled campaign. In the days after, coverage focused on Bush's apparent annoyance with Kerry and numerous scowls and negative facial expressions.
The second presidential debate was held at Washington University in St. Louis, Missouri, on October 8, moderated by Charles Gibson of ABC. Conducted in a town meeting format, less formal than the first presidential debate, this debate saw Bush and Kerry taking questions on a variety of subjects from a local audience. Bush attempted to deflect criticism of what was described as his scowling demeanor during the first debate, joking at one point about one of Kerry's remarks, "That answer made me want to scowl."
Bush and Kerry met for the third and final debate at Arizona State University on October 13. 51 million viewers watched the debate which was moderated by Bob Schieffer of CBS News. However, at the time of the ASU debate, there were 15.2 million viewers tuned in to watch the Major League Baseball playoffs broadcast simultaneously. After Kerry, responding to a question about gay rights, reminded the audience that Vice President Cheney's daughter was a lesbian, Cheney responded with a statement calling himself "a pretty angry father" due to Kerry using Cheney's daughter's sexual orientation for his political purposes.
On October 29, four days before the election, excerpts of a video of Osama bin Laden addressing the American people were broadcast on al Jazeera. In his remarks, bin Laden mentions the September 11, 2001 attacks and taunted Bush over his response to them. In the days following the video's release, Bush's lead over Kerry increased by several points.
Flip-flop: although the term existed prior to the elections, Republicans used it to describe John Kerry after he said "I actually did vote for the $87 billion, before I voted against it."
Joementum: used in the primaries by Joe Lieberman to say that he has momentum. It has since been used to ridicule Joe Lieberman, since his campaign did not pick up momentum and he dropped out of the race.
Swiftboating: a term used during the campaign to describe the work of the Swift Boat Veterans for Truth. The term has been used since the campaign to describe a harsh attack by a political opponent that is dishonest, personal and unfair.
You forgot Poland: paraphrased from Bush's comment in the first debate when he said "Well, actually, he forgot Poland". Used to emphasize that the coalition was not as big as the list suggested because most of the countries in the coalition had a small number of troops.
The following table records the official vote tallies for each state as reported by the official Federal Election Commission report. The column labeled "Margin" shows Bush's margin of victory over Kerry (the margin is negative for states and districts won by Kerry).
Although Guam has no votes in the Electoral College, they have held a straw poll for their presidential preferences since 1980. In 2004, the results were Bush 21,490 (64.1%), Kerry 11,781 (35.1%), Nader 196 (0.58%) and Badnarik 67 (0.2%).
★Maine and Nebraska each allow for their electoral votes to be split between candidates. In both states, two electoral votes are awarded to the winner of the statewide race and one electoral vote is awarded to the winner of each congressional district. The following table records the official presidential vote tallies for Maine and Nebraska's congressional districts.
Bush received 62,040,610 popular votes compared to Kerry's 59,028,444.
Because of a request by Ralph Nader, New Hampshire held a recount. In New York, Bush obtained 2,806,993 votes on the Republican ticket and 155,574 on the Conservative ticket. Kerry obtained 4,180,755 votes on the Democratic ticket and 133,525 votes on the Working Families ticket. Nader obtained 84,247 votes on the Independence ticket, and 15,626 votes on the Peace and Justice ticket.
These maps show the amount of attention given by the campaigns to the close states. At left, each waving hand represents a visit from a presidential or vice-presidential candidate during the final five weeks. At right, each dollar sign represents one million dollars spent on TV advertising by the campaigns during the same time period.
One elector in Minnesota cast a ballot for president with the name of "John Ewards" [sic] written on it. The Electoral College officials certified this ballot as a vote for John Edwards for president. The remaining nine electors cast ballots for John Kerry. All ten electors in the state cast ballots for John Edwards for vice president (John Edwards's name was spelled correctly on all ballots for vice president). This was the first time in U.S. history that an elector had cast a vote for the same person to be both president and vice president; another faithless elector in the 1800 election had voted twice for Aaron Burr, but under that electoral system only votes for the president's position were cast, with the runner-up in the Electoral College becoming vice president (and the second vote for Burr was discounted and re-assigned to Thomas Jefferson in any event, as it violated Electoral College rules).
Electoral balloting in Minnesota was performed by secret ballot, and none of the electors admitted to casting the Edwards vote for president, so it may never be known who the faithless elector was. It is not even known whether the vote for Edwards was deliberate or unintentional; the Republican Secretary of State and several of the Democratic electors have expressed the opinion that this was an accident.
New York's initial electoral vote certificate indicated that all of its 31 electoral votes for president were cast for "John L. Kerry of Massachusetts" instead of John F. Kerry, who won the popular vote in the state. This was apparently the result of a typographical error, and an amended electoral vote certificate with the correct middle initial was transmitted to the President of the Senate prior to the official electoral vote count.
This was the first election since 1988 in which the winning presidential candidate of either party won an absolute majority (over 50%) of the popular vote.
2004 marked the only time at which a president who lost the popular vote in the preceding election won it in the following election. To date, it is the only election since 1988 in which the Republican presidential candidate won the popular vote.
Bush won the popular vote with 50.73% to Kerry's 48.27%. Although in percentage terms it was the closest popular margin ever for a victorious sitting president, Bush received 2.5% more than Kerry. Bush's absolute victory margin (approximately 3 million votes) was the smallest of any sitting president since Harry S. Truman in 1948.
At least 12 million more votes were cast than in the 2000 election. Voter turnout was unusually high. American University's Center for the Study of the American Electorate reported a record turnout of 60.7% of eligible voting-age citizens, 6.4% higher than turnout in the previous election and the highest since 1968. Note, however, that the "eligible" voting-age electorate is by definition smaller than the total voting-age population. In a formal report, the Federal Election Commission released a lower figure of 56.70% for the percentage of the electorate that voted for a presidential candidate, based on the latter, larger pool (as calculated by the Census Bureau).
Owing to the nation's growing population and large turnout, both Bush and Kerry received more votes than any previous presidential candidate in American history. The previous record was held by Republican Ronald Reagan, who in 1984 received 54.4 million votes.
Five states saw every county vote for one candidate: Bush won every county in Utah and Oklahoma while Kerry won every county in Massachusetts, Rhode Island, and Hawaii.
This is the first time a candidate from either party won the presidency without carrying a single Northeastern state.
Minor party candidates received many fewer votes, dropping from a total of 3.5% in 2000 to approximately one percent. As in 2000, Ralph Nader finished in third place, but his total declined from 2.9 million to 400,000 votes, leaving him with fewer votes than Reform Party candidate Pat Buchanan had received in finishing fourth in 2000.
The 2004 election completed the transition of Illinois from a swing state into a reliably Democratic one. Up through the 2000 election both Democratic and Republican presidential candidates campaigned in the state during elections. It went for Ronald Reagan and George Bush from 1980–1988, and Bill Clinton and Al Gore from 1992 to 2000. Both George Bush and Al Gore spent large amounts of time and resources in the state; in 2004 it was not the case.
The election marked the first time an incumbent president was returned to office while his political party increased its numbers in both houses of Congress since Lyndon B. Johnson in the 1964 election. It was the first time for a Republican since William McKinley in the 1900 election. This would not last for long however, as the Republicans lost control of both chambers of Congress in the 2006 elections.
Although the election was close, nearly half of U.S. voters lived in a county where Bush or Kerry won by 20 percentage points or more. By comparison, only a quarter lived in such counties in 1976.
Bush became the first president to be elected to two terms without carrying any of these states in either of his campaigns: California, Hawaii, Illinois, New Jersey, New York, Oregon, Washington and Wisconsin. He was also the first Republican to be elected without ever carrying Vermont in either of his campaigns.
With the completion of the 2000 census, Congressionalreapportionment took place, moving some representative districts from the slowest growing states to the fastest growing. As a result, several states had a different number of electors in the U.S. Electoral College in 2004 than in 2000, since the number of electors allotted to each state is equal to the sum of the number of Senators and Representatives from that state.
The following table shows the change in electors from the 2000 election. Red states represent those won by Bush; and blue states, those won by both Gore and Kerry. All states except Nebraska and Maine use a winner-take-all allocation of electors. Each of these states was won by the same party in 2004 that had won it in 2000; thus, George W. Bush received a net gain of seven electoral votes due to reapportionment while the Democrats lost the same amount.
Arizona (8→10 +2)
Florida (25→27 +2)
Georgia (13→15 +2)
Texas (32→34 +2)
California (54→55 +1)
Colorado (8→9 +1)
North Carolina (14→15 +1)
Nevada (4→5 +1)
New York (33→31 -2)
Pennsylvania (23→21 -2)
Connecticut (8→7 -1)
Mississippi (7→6 -1)
Ohio (21→20 -1)
Oklahoma (8→7 -1)
Wisconsin (11→10 -1)
Illinois (22→21 -1)
Indiana (12→11 -1)
Michigan (18→17 -1)
(This table uses the currently common Red→Republican, Blue→Democratic color association, as do the maps on this page. Some older party-affiliation maps use the opposite color-coding for historical reasons.)
During the campaign and as the results came in on the night of the election there was much focus on Ohio, Pennsylvania, and Florida. These three swing states were seen as evenly divided, and with each casting 20 electoral votes or more, they had the power to decide the election. As the final results came in, Kerry took Pennsylvania and then Bush took Florida, focusing all attention on Ohio.
The morning after the election, the major candidates were neck and neck. It was clear that the result in Ohio, along with two other states who had still not declared (New Mexico and Iowa), would decide the winner. Bush had established a lead of around 130,000 votes but the Democrats pointed to provisional ballots that had yet to be counted, initially reported to number as high as 200,000. Bush had preliminary leads of less than 5% of the vote in only four states, but if Iowa, Nevada and New Mexico had all eventually gone to Kerry, a win for Bush in Ohio would have created a 269–269 tie in the Electoral College. The result of an electoral tie would cause the election to be decided in the House of Representatives with each state casting one vote, regardless of population. Such a scenario would almost certainly have resulted in a victory for Bush, as Republicans controlled more House delegations. Therefore, the outcome of the election hinged solely on the result in Ohio, regardless of the final totals elsewhere. In the afternoon Ohio's Secretary of State, Ken Blackwell, announced that it was statistically impossible for the Democrats to make up enough valid votes in the provisional ballots to win. At the time provisional ballots were reported as numbering 140,000 (and later estimated to be only 135,000). Faced with this announcement, John Kerry conceded defeat. Had Kerry won Ohio, he would have won the election despite losing the national popular vote by over 3 million votes, a complete reversal of the 2000 election when Bush won the presidency despite losing the popular vote to Al Gore by over 500,000 votes.
The upper Midwest bloc of Minnesota, Iowa, and Wisconsin is also notable, casting a sum of 27 electoral votes. The following is list of the states considered swing states in the 2004 election by most news organizations and which candidate they eventually went for. The two major parties chose to focus their advertising on these states:
Presidential electoral votes by state. Red is Republican, Blue is Democratic
Presidential popular votes by county. Note substantially more "mixing" of colors.
Presidential popular votes by county as a scale from Red/Republican to Blue/Democratic
Presidential popular votes cartogram, in which the sizes of counties have been rescaled according to their population.
Cartogram in which each square represents one electoral vote.
Results by county, shaded according to winning candidate's percentage of the vote.
Change in vote margins at the county level from the 2000 election to the 2004 election. While Bush improved nationally overall, making his strongest gains in the South, he suffered a loss of support in parts of New England and the Western United States, which swung in Kerry's favor.
The 2004 Presidential Election in the United States, Results by Congressional District
After the election, some sources reported indications of possible data irregularities and systematic flaws during the voting process, which are covered in detail by the election controversy articles.
Although the overall result of the election was not challenged by the Kerry campaign, Green Party presidential candidate David Cobb and Libertarian Party presidential candidate Michael Badnarik obtained a recount in Ohio. This recount was completed December 28, 2004, although on January 24, 2007, a jury convicted two Ohio elections officials of selecting precincts to recount where they already knew the hand total would match the machine total, thereby avoiding having to perform a full recount.
At the official counting of the electoral votes on January 6, a motion was made contesting Ohio's electoral votes. Because the motion was supported by at least one member of both the House of Representatives and the Senate, election law mandated that each house retire to debate and vote on the motion. In the House of Representatives, the motion was supported by 31 Democrats. It was opposed by 178 Republicans, 88 Democrats and one independent. Not voting were 52 Republicans and 80 Democrats. Four people elected to the House had not yet taken office, and one seat was vacant. In the Senate, it was supported only by its maker, Senator Boxer, with 74 Senators opposed and 25 not voting. During the debate, no Senator argued that the outcome of the election should be changed by either court challenge or revote. Senator Boxer claimed that she had made the motion not to challenge the outcome, but to "shed the light of truth on these irregularities."
Kerry would later state that "the widespread irregularities make it impossible to know for certain that the [Ohio] outcome reflected the will of the voters." In the same article, Democratic National Committee Chairman Howard Dean said "I'm not confident that the election in Ohio was fairly decided... We know that there was substantial voter suppression, and the machines were not reliable. It should not be a surprise that the Republicans are willing to do things that are unethical to manipulate elections. That's what we suspect has happened."
There is no individual federal agency with direct regulatory authority of the U.S. voting machine industry. However the Election Assistance Commission has full regulatory authority over federal testing and certification processes, as well as an influential advisory role in certain voting industry matters. Further oversight authority belongs to the Government Accountability Office, regularly investigating voting system related issues.
Walden O'Dell the former CEO of Diebold (the parent company of voting machine manufacturer Diebold Election Systems) was an active fundraiser for George W. Bush's re-election campaign and wrote in a fund-raising letter dated August 13, 2003, that he was committed "to helping Ohio deliver its electoral votes to the President."
Republican Senator Chuck Hagel, who was on a short list of George W. Bush's vice-presidential candidates, served as the chairman of ES&S in the early 1990s when it operated under the name American Information Systems Inc. (AIS). ES&S voting machines tabulated 85 percent of the votes cast in Hagel's 2002 and 1996 election races. In 2003 Hagel disclosed a financial stake in McCarthy Group Inc., the holding company of ES&S.
Global Election Systems, which was purchased by Diebold Election Systems and developed the core technology behind the company's voting machines and voter registration system, employed five convicted felons as consultants and developers.
Jeff Dean, a former senior vice-president of Global Election Systems when it was bought by Diebold, had previously been convicted of 23 counts of felony theft in the first degree. Bev Harris reports Dean was retained as a consultant by Diebold Election Systems, though Diebold has disputed the consulting relationship. Dean was convicted of theft via "alteration of records in the computerized accounting system" using a "high degree of sophistication" to evade detection over a period of 2 years.
International election observers were barred from the polls in Ohio by then Republican Ohio Secretary of State Ken Blackwell. Blackwell's office argues this was the correct interpretation of Ohio law.
California Secretary of State Kevin Shelley decertified all Diebold Election Systems touch-screen voting machines due to computer-science reports released detailing design and security concerns.
30% of all U.S. votes cast in the 2004 election were cast on direct-recording electronic (DRE) voting machine, which do not print individual paper records of each vote.
Numerous statistical analyses showed "discrepancy in the number of votes Bush received in counties that used the touch-screen machines and counties that used other types of voting equipment" as well as discrepancies with exit polls, favoring President George W. Bush.
At the invitation of the United States government, the Organization for Security and Cooperation in Europe (OSCE) sent a team of observers to monitor the presidential elections in 2004. It was the first time the OSCE had sent observers to a U.S. presidential election, although they had been invited in the past. In September 2004 the OSCE issued a report on U.S. electoral processes and the election final report. The report reads: "The November 2, 2004 elections in the United States mostly met the OSCE commitments included in the 1990 Copenhagen Document. They were conducted in an environment that reflects a long-standing democratic tradition, including institutions governed by the rule of law, free and generally professional media, and a civil society intensively engaged in the election process. There was exceptional public interest in the two leading presidential candidates and the issues raised by their respective campaigns, as well as in the election process itself."
Earlier, some 13 U.S. Representatives from the Democratic Party had sent a letter to United Nations Secretary-General Kofi Annan asking for the UN to monitor the elections. The UN responded that such a request could only come from the official national executive. The move was met by considerable opposition from Republican lawmakers. The OSCE is not affiliated with the United Nations.
For 2004, some states expedited the implementation of electronic voting systems for the election, raising several issues:
Software. Without proper testing and certification, critics believe electronic voting machines could produce an incorrect report due to malfunction or deliberate manipulation.
Recounts. A recount of an electronic voting machine is not a recount in the traditional sense. The machine can be audited for irregularities and voting totals stored on multiple backup devices can be compared, but vote counts will not change.
Partisan ties. Democrats noted the Republican or conservative ties of several leading executives in the companies providing the machines.
To distinguish official campaigning from independent campaigning, political advertisements on television were required to include a verbal disclaimer identifying the organization responsible for the advertisement. Advertisements produced by political campaigns usually included the statement, "I'm [candidate's name], and I approve this message." Advertisements produced by independent organizations usually included the statement, "[Organization name] is responsible for the content of this advertisement", and from September 3 (60 days before the general election), such organizations' ads were prohibited from mentioning any candidate by name. Previously, television advertisements only required a written "paid for by" disclaimer on the screen.
This law was not well known or widely publicized at the beginning of the Democratic primary season, which led to some early misperception of Howard Dean, who was the first candidate to buy television advertising in this election cycle. Not realizing that the law required the phrasing, some people viewing the ads reportedly questioned why Dean might say such a thing—such questions were easier to ask because of the maverick nature of Dean's campaign in general.
A ballot initiative in Colorado, known as Amendment 36, would have changed the way in which the state apportions its electoral votes. Rather than assigning all 9 of the state's electors to the candidate with a plurality of popular votes, under the amendment Colorado would have assigned presidential electors proportionally to the statewide vote count, which would be a unique system (Nebraska and Maine assign electoral votes based on vote totals within each congressional district). Detractors claimed that this splitting would diminish Colorado's influence in the Electoral College, and the amendment ultimately failed, receiving only 34% of the vote.
Although the Colorado initiative failed, similar concerns in other states eventually led to the emergence of National Popular Vote Interstate Compact, which was signed by the first state in April 2007 and was adopted by 10 states and DC, adding up to 165 electoral votes, by December 2015.