March 31, 2003 Dear Friend and Supporter: Our country has been led into war by the most arrogant chickenhawks. And now they have been caught with their hands in the cookie jar! From Richard Perle, recently resigned Chairman of the Defense Policy Board--exposed giving war-time investment advice on a Goldman Sachs sponsored conference call--to Dick Cheney's Halliburton post-war contracts in Iraq. Have they no shame? Obviously not. And they have put our young men and women into harm's way, an action that has been rejected by the world. I tried to warn the American people of the dangers of having a cabal such as this in the White House. From their theft of our democratic institutions in November 2000 to their theft of my Congressional seat in 2002. They may think they are firmly in charge. But, their power is beginning to unravel and the ignorance of their arrogance is now evident to all. As you may know, a group of Democratic voters in my district filed a lawsuit alleging that the actions of Republicans--who drafted a Republican to run in the Democratic primary and then encouraged some 47,000 Republicans to crossover and vote for that candidate--were both unconstitutional and illegal under the Voting Rights Act. This lawsuit, now known as Osburn v. State of Georgia, accuses the Republicans of organizing a malicious crossover vote that hijacked the 2002 Democratic primary election. It asks for a rerun of the 2002 election, without Republican crossover votes. And much to the dismay of the powers that be in Washington, DC, these Democratic voters resoundingly won Round One! And will win Round Two, too. With your help. The enclosed document, which was filed in Court this month allows you to see for yourself the soundness of their case. This document proves that the present incumbent representing my district was neither the choice of Democrats who went to vote that day nor was she the choice of African American voters, whose voting rights are protected by the Voting Rights Act. Moreover, in a 7-2 Supreme Court decision, Justice Scalia supported the California and National Democratic Parties' objection to blanket open primaries and in June 2000 wrote: "But a single election in which the party nominee is selected by nonparty members could be enough to destroy the party. . . . The ability of the party leadership to endorse a candidate is simply no substitute for the party members? ability to choose their own nominee. . . . In any event, the ability of the party leadership to endorse a candidate does not assist the party rank and file, who may not themselves agree with the party leadership, but do not want the party?s choice decided by outsiders. . . . There is simply no substitute for a party?s selecting its own candidates. . . . [I]t seems to us less unfair than permitting nonparty members to hijack the party. As for affording voters greater choice, it is obvious that the net effect of this scheme?indeed, its avowed purpose?is to reduce the scope of choice, by assuring a range of candidates who are all more ?centrist.?" There you have it straight from Justice Scalia's pen. I couldn't have written it better myself. What the world witnessed on August 20, 2002 was the theft of an election by Republicans who are afraid of the truth. That theft was unconstitutional and violated the Voting Rights Act. The courageous Democratic voters who filed this lawsuit have beaten back malicious and deceitful attacks from the local press and disingenuous Motions to Dismiss from the State of Georgia, the Republican and Democratic parties, and local authorities charged with carrying out fair elections. The plaintiffs have prevailed on every front. The campaign for the 4th Congressional District of Georgia is not yet over and won?t be until this matter has been resolved by the Courts. I am asking you to send a contribution today to help us challenge the illegal behavior that occurred in my election. You can contribute online at www.cynthia2002.com/donate_online.htm or you can use the enclosed envelope. Now is not the time for timidity or silence. We need our strongest voices in Washington, DC to protect our rights and the young men and women serving our country in the military who joined to get a job or a decent education or to escape discrimination and prejudice. You can rest assured that my voice will be loudest in your defense and that of our Republic. Osburn v. State of Georgia will help to set the record straight; more important, it will change the law in Georgia so that no courageous voice can ever again be snuffed out in such a malicious way. Please help. Contribute today. Sincerely, Cynthia McKinney P.S. Don?t forget to visit our website at www.cynthia2002.com /donate_online.htm and make a donation today! Enclosure: Excerpts from: Kevin Hill, Ph.D. Report on August 20, 2002 GA 4th District DeKalb County Facts Filed in US District Court, March 2003 1. Republican turnout in the August open Democratic Georgia Fourth District Primary was 44.6%; Democratic turnout was 32.2%. 2. The county (at least the precincts in this congressional district) is 70/30 Democratic, but for the August open Democratic primary the electorate was 60/40 Democratic. 3. Majette won 97% of the GOP vote and 33% of the Democratic vote. 4. 65% of Majette?s vote came from Republican voters. 5. 97% of McKinney?s vote came from Democrats. 6. Whites are split 50/50 between the two parties in this district. 7. Blacks are 90/10 Democratic. 8. 98% of Republlicans are white. 9. 80% of Democrats are black. 10. White turnout was 38%; Black turnout was 32%. 11. This means that, although the registered voters in this district are 52% black and 48% non-black, the turnout on Election Day was 52% non-black and 48% black. 12. Majette won 90% of the white vote and 25% of the black vote. 13. McKinney won 75% of the black vote and 10% of the white vote. 14. 80% of Majette?s vote came from whites. Bottom Line: Majette was the candidate of choice for Republicans and whites; McKinney was the candidate of choice for Democrats and blacks. GOP Crossover voting defeated Cynthia McKinney in the Primary All else being equal, had this primary election been restricted only to Democrats ? Cynthia McKinney very likely would have won. Further, she was actually the clear candidate of choice of Democrats. Of those 38.24% of voters who were Republicans (based on vote performance) who cast ballots in the August 2002 primary, over 97% of their votes went to Denise Majette. Therefore, in the August 2002 Democratic primary, Denise Majette received nearly all the Republican vote, and Republican turnout was much higher than Democratic turnout. For DeKalb County Only: Total Votes Cast 115,265 Eligible Voters 343,402 Turnout 33.57% Votes for Majette 66,467 Votes for McKinney 48,798 Republican Voters in county 30.89% Democratic voters in county 69.11% Republican Turnout in 2002 primary 44.60% Democratic Turnout in 2002 primary 32.19% Estimated % of Voters in 2002 Primary Republican 38.24% Estimated % of Voters in 2002 Primary Democratic 61.76% Republican Vote for Majette 97.12% Republican Vote for McKinney 2.88% Democratic Vote for Majette 32.72% Democratic Vote for McKinney 67.27% What Happened? Estimated Number of GOP votes received by Majette 45,948 Estimated Number of GOP votes received by McKinney 1,363 Net advantage in GOP vote for Majette 44,585 Estimated Number of Democratic votes received by Majette 24,996 Estimated Number of Democratic votes received by McKinney 51,391 Net advantage in Democratic vote for McKinney 26,394 Estimated Winning Margin for Majette 18,191 Actual Winning Margin for Majette 17,669 Estimated Percent of Majette's Total Vote Republican 64.77% Estimated Percent of McKinney's Total Vote Democratic 97.42% Estimated Percent of Democrats Voting for McKinney 67.27% Can the Majette win be attributed solely to GOP crossover voting? YES Was Majette the Democratic candidate of choice? NO Almost 80% of the people voting for Majette were not black and over 87% of the votes captured by McKinney were from African Americans. In the end, there can be little doubt from these results that Denise Majette was the candidate of choice of the non-black majority, and that Cynthia McKinney was the candidate of choice for African-American voters in this open primary. Racial Consequences For DeKalb County Only: Total Votes Cast 115,265 Eligible Voters 343,402 Turnout 33.57% Votes for Majette 66,467 Votes for McKinney 48,798 Black voters in county 52.10% Non-black voters in county 47.90% Black Turnout in 2002 Primary 32.03% Non-Black Turnout in 2002 Primary 38.00% Estimated % of Voters in 2002 Primary Black 47.83% Estimated % of Voters in 2002 Primary Non-Black 52.17% Black Vote for Majette 24.92% Black Vote for McKinney 75.08% Non-Black Vote for Majette 90.44% Non-Black Vote for McKinney 9.56% What Happened? Estimated Number of Black votes received by Majette 14,281 Estimated Number of Black votes received by McKinney 43,025 Net advantage in Black vote for McKinney 28,745 Estimated Number of Non-black votes received by Majette 56,530 Estimated Number of Non-black votes received by McKinney 5,976 Net advantage in Non-black vote for Majette 50,555 Estimated Winning Margin for Majette 21,810 Actual Winning Margin for Majette 17,669 Estimated Percent of Majette's Total Vote Non-Black 79.83% Estimated Percent of McKinney's Total Vote Black 87.81% Estimated Percent of Blacks Voting for McKinney 75.08% Can the Majette win be attributed to block voting by nonblacks to stop the election of a black candidate of choice? YES Was Majette the black candidate of choice? NO