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    Was Nixon Robbed?
The legend of the stolen 1960 presidential election.

By David Greenberg
Posted Monday, Oct. 16, 2000, at 10:30 a.m. PT




John F. Kennedy and Richard Nixon"You gotta swallow this one," says a
Republican hack in Oliver Stone's Nixon, referring to the 1960 election, in
which John F. Kennedy prevailed. "They stole it fair and square."

That Richard Nixon was cheated out of the presidency in 1960 has become
almost an accepted fact. You've probably heard the allegations: Kennedy's
operatives fixed the tallies in Texas and Illinois, giving him those states'
51 electoral votes and a majority in the Electoral College. Fearing that to
question the results would harm the country, Nixon checked his pride and
declined to mount a challenge.

The story is rich in irony: The much-hated Nixon, later driven from the
presidency for cheating in an election, puts country before personal gain.
The beloved Kennedy, waltzing through life, pulls off the political crime of
the century. Nixon's defenders like the story because it diminishes
Watergate. His detractors like it since it allows them to appear less than
knee-jerk—magnanimously crediting Nixon with noble behavior while eluding
charges of Kennedy worship.

Ironic, yes. But true?

The race was indeed close—the closest of the century. Kennedy received only
113,000 votes more than Nixon out of the 68 million ballots cast. His 303-219
electoral-vote margin obscured the fact that many states besides Texas and
Illinois could have gone either way. California's 32 electoral votes, for
example, originally fell into Kennedy's column, but Nixon claimed them on
Nov. 17 after absentee ballots were added.

Even before Election Day, rumors circulated about fraud, especially in
Chicago, where Mayor Richard Daley's machine was known for delivering
whopping Democratic tallies by fair means and foul. When it became clear how
narrowly Nixon lost, outraged Republicans grew convinced that cheating had
tipped the election and lobbied for an investigation.

Nixon always insisted that others, including President Eisenhower, encouraged
him to dispute the outcome but that he refused. A challenge, he told others,
would cause a "constitutional crisis," hurt America in the eyes of the world,
and "tear the country apart." Besides, he added, pursuing the claims would
mean "charges of 'sore loser' would follow me through history and remove any
possibility of a further political career."

Classic Nixon: "Others" urge him to follow a less admirable course, but he
spurns their advice for the high road. (William Safire once noted that he
always used to tell Nixon to take the easy path so that Nixon could say in
his speeches, "Others will say we should take the easy course, but …") Apart
from the suspect neatness of this account, however, there are reasons to
doubt its veracity.

First, Eisenhower quickly withdrew his support for a challenge, making it
hard for Nixon to go forward. According to Nixon's friend Ralph De Toledano,
a conservative journalist, Nixon knew Ike's position yet claimed anyway that
he, not the president, was the one advocating restraint. "This was the first
time I ever caught Nixon in a lie," Toledano recalled.

More to the point, while Nixon publicly pooh-poohed a challenge, his allies
did dispute the results—aggressively. The New York Herald Tribune's Earl
Mazo, a friend and biographer of Nixon's, recounted a dozen-odd fishy
incidents alleged by Republicans in Illinois and Texas. Largely due to Mazo's
reporting, the charges gained wide acceptance.

But it wasn't just Mazo who made a stink. The press went into a brief frenzy
in the weeks after the election. Most important, the Republican Party made a
veritable crusade of undoing the results. Even if they ultimately failed,
party leaders figured, they could taint Kennedy's victory, claim he had no
mandate for his agenda, galvanize the rank and file, and have a winning issue
for upcoming elections.

Three days after the election, party Chairman Sen. Thruston Morton launched
bids for recounts and investigations in 11 states—an action that Democratic
Sen. Henry Jackson attacked as a "fishing expedition." Eight days later,
close Nixon aides, including Bob Finch and Len Hall, sent agents to conduct
"field checks" in eight of those states. Peter Flanigan, another aide,
encouraged the creation of a Nixon Recount Committee in Chicago. All the
while, everyone claimed that Nixon knew nothing of these efforts—an
implausible assertion that could only have been designed to help Nixon dodge
the dreaded "sore loser" label.

The Republicans pressed their case doggedly. They succeeded in obtaining
recounts, empanelling grand juries, and involving U.S. attorneys and the FBI.
Appeals were heard, claims evaluated, evidence weighed. The New York Times
considered the charges in a Nov. 26 editorial. (Its bold verdict: "It is now
imperative that the results in each state be definitively settled by the time
the electoral college meets.")

The results of it all were meager.

New Jersey was typical. The GOP obtained court orders for recounts in five
counties, but by Dec. 1 the state Republican committee conceded that the
recounts had failed to uncover any significant discrepancies, and they halted
the process. Kennedy was certified the state's official winner by 22,091
votes. Other states' recount bids and investigations similarly petered out.

Texas and Illinois, the two largest states under dispute, witnessed the
nastiest fights. In Texas, where Kennedy won the 24 electoral votes by a
margin of 46,000 ballots, the GOP took to the courts. But its suits were
thrown out by a federal judge who claimed he had no jurisdiction. In
Illinois, the appeal was pursued more vigorously, maybe because the electoral
take was higher (27) and Kennedy's margin slimmer (9,000 votes). Charges
focused on Cook County (specifically Chicago) where Kennedy had won by a
suspiciously overwhelming 450,000 votes.

National GOP officials plunged in. Thruston Morton flew to Chicago to confer
with Illinois Republican leaders on strategy, while party Treasurer Meade
Alcorn announced Nixon would win the state. With Nixon distancing himself
from the effort, the Cook County state's attorney, Benjamin Adamowski,
stepped forward to lead the challenge. A Daley antagonist and potential rival
for the mayoralty, Adamowski had lost his job to a Democrat by 25,000 votes.
The closeness of his defeat entitled him to a recount, which began Nov. 29.

Completed Dec. 9, the recount of 863 precincts showed that the original tally
had undercounted Nixon's (and Adamowski's) votes, but only by 943, far from
the 4,500 needed to alter the results. In fact, in 40 percent of the
rechecked precincts, Nixon's vote was overcounted. Displeased, the
Republicans took the case to federal court, only to have a judge dismiss the
suits. Still undeterred, they turned to the State Board of Elections, which
was composed of four Republicans, including the governor, and one Democrat.
Yet the state board, too, unanimously rejected the petition, citing the GOP's
failure to provide even a single affidavit on its behalf. The national party
finally backed off after Dec. 19, when the nation's Electoral College
certified Kennedy as the new president—but even then local Republicans
wouldn't accept the Illinois results.

A recount did wind up changing the winner in one state: Hawaii. On Dec. 28, a
circuit court judge ruled that the state—originally called Kennedy's but
awarded to Nixon after auditing errors emerged—belonged to Kennedy after all.
Nixon's net gain: -3 electoral votes.

The GOP's failure to prove fraud doesn't mean, of course, that the election
was clean. That question remains unsolved and unsolvable. But what's
typically left out of the legend is that multiple election boards saw no
reason to overturn the results. Neither did state or federal judges. Neither
did an Illinois special prosecutor in 1961. And neither have academic
inquiries into the Illinois case (both a 1961 study by three University of
Chicago professors and more recent research by political scientist Edmund
Kallina concluded that whatever fraud existed wasn't substantial enough to
alter the election).

On the other hand, some fraud clearly occurred in Cook County. At least three
people were sent to jail for election-related crimes, and 677 others were
indicted before being acquitted by Judge John M. Karns, a Daley crony. Many
of the allegations involved practices that wouldn't be detected by a recount,
leading the conservative Chicago Tribune, among others, to conclude that
"once an election has been stolen in Cook County, it stays stolen." What's
more, according to journalist Seymour Hersh, a former Justice Department
prosecutor who heard tapes of FBI wiretaps from the period believed that
Illinois was rightfully Nixon's. Hersh also has written that J. Edgar Hoover
believed Nixon actually won the presidency but in deciding to follow normal
procedures and refer the FBI's findings to the attorney general—as of Jan.
20, 1961, Robert F. Kennedy—he effectively buried the case.

Another man, too, believed Nixon was robbed: Nixon. At a 1960 Christmas
party, he was heard greeting guests, "We won but they stole it from us."
Nixon nursed the grudge for years, and when he was criticized for his
Watergate crimes he would cite the Kennedys' misdeeds as precedent. He may
have felt JFK's supposed theft entitled him to cheat in 1972. It's an
interesting hypothetical: If no pall had been cast over the 1960 election,
would Watergate have happened?



Related in Slate


Some Clinton critics say the 1996 election was so tainted by fund-raising
scandals that it was essentially stolen. Read Jacob Weisberg's take on the
real meaning of those scandals. Click here for a "Book Club" about the newest
Richard J. Daley biography, American Pharaoh, and judge for yourself if he
was capable of stealing Illinois for Kennedy. Read this "Net Election" about
the newest way to steal an election, by auctioning votes off over the
Internet.



Related on the Web

Other famous stolen elections include the 1824 fiasco, in which Andrew
Jackson won the popular vote but lost the presidency to John Quincy Adams in
the House of Representatives, and the 1876 Hayes-Tilden tie, which was
eventually settled by a backroom deal. For more information on the 1960
contest, click here for the Kennedy library and here for the Nixon library.


Join The Fray  What did you think of this article?



Reader Comments from The Fray:


[Note from the Fray Editor: The obligatory JFK conspiracy theories are here
and here, though we are not sure how that second one would do if exposed to
The Fray seriousness test.]


Actually, it was Sam Giancana who controlled the West Side Wards and the
Teamsters who stole the vote for JFK in Chicago--Artie Doody's Daddy took the
credit however. Lots of legends in Chicago around this, how just enough votes
were stolen to counterweigh the ones the GOP took downstate--I think I heard
something like 1 per precinct.

--S.G.Foxe

(To reply, click here.)


Electoral fraud is very, very hard to prove, so we may never know what really
happened. There's something fishy about it though. The author points out that
courts rejected and dismissed them. But they rejected it on the grounds for
lack of jurisdiction! The courts never reached the merits of the case; they
refused to hear it on technical grounds. And as for the local electoral
boards, they aren't going to overturn a presidential election unless they
have an absolute smoking gun. But that type of evidence is hard to come by.
So we're left where we had begun: we don't know for sure what happened, but
there was some funny business goin' on

--Curveball

(To reply, click here.)

(10/18)


David Greenberg writes Slate's "History Lesson" column and is working on a
book about Richard Nixon's place in American politics and culture.

Photogragh of John F. Kennedy and Richard Nixon © Bettmann/Corbis.


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