VIP chairwoman of the board is Helen Blackwell, also the Virginia chairwoman of Phyllis Schlafly's Eagle Forum, whose husband, Morton, serves as executive director of the conservative Council for National Policy. It took lumps for being partisan earlier this year from Slate writer Jeremy Derfner. "In fact, almost everything about the Voting Integrity Project makes you wonder. Though VIP's members assert that they are both independent and nonpartisan, the organization is essentially a conservative front," Derfner wrote.

VIP has vigorously opposed efforts to liberalize voting procedures -- railing against everything from Internet voting to Oregon's mail-in balloting to the Motor Voter bill. But it is VIP's involvement in partisan political fights that makes Democrats charge the group is a Republican front group.

VIP sent investigators into largely black areas in Louisiana after Mary Landrieu's 1996 U.S. Senate victory over Republican Woody Jenkins.

"The VIP conducted its investigation over a 10-day period from December 26 through January 4, during which time they concentrated on the Orleans Parish voting activities," a VIP release says. "The VIP examined and independently verified substantial amounts of evidence gathered by the Jenkins campaign, as well as gathering its own evidence concerning vote buying, vote hauling and improprieties by elections officials tasked with protecting voting machines."

VIP chairwoman Helen Blackwell told the Senate Rules Committee, "Many claims of the Jenkins campaign have merit and should be investigated to the fullest extent of the law."

In late 2001, Ashcroft also hired three Republican political operatives to work in a secretive new unit in the division's Voting Rights Section. Rich said the unit, headed by unsuccessful Republican congressional candidate Mark Metcalf of Kentucky, bird-dogged the progress of the administration's Help America Vote Act (HAVA) and reviewed voting legislation in the states.

One member of the three-person political unit, former Georgia elections official and Republican activist Hans von Spakovsky, eventually took de facto control of the Voting Rights Section and used his position to advocate tougher voter ID laws, said former department lawyers who declined to be identified for fear of reprisals.

Those former employees said that Spakovsky helped state officials interpret the Help America Vote Act's confusing new minimum voter identification requirements. He also weighed in when the Voting Rights Act required department approval for any new ID law in 13 states with histories of racial discrimination.

In November 2004, Arizona residents passed Proposition 200, the toughest state voter ID law to date, which requires applicants to provide proof of citizenship and voters to produce a photo ID on Election Day. The Voting Rights Act state requires states to show that such laws wouldn't impede minorities from voting and gives the Justice Department 60 days to approve or oppose them.

Career voting rights specialists in the Justice Department soon discovered that more than 2,000 elderly Indians in Arizona lacked birth certificates, and they sought their superiors' approval to request more information from the state about other potential impacts on voters' rights. Spakovsky and Sheldon Bradshaw, the division's top deputy and a close friend of top Gonzales aide Kyle Sampson, a former Bush White House lawyer, denied the request, said one of the former department attorneys.

Saturday, December 17, 2005

President Bush nominated two controversial lawyers to the Federal Election Commission yesterday: Hans von Spakovsky who helped Georgia win approval of a disputed voter-identification law, and Robert D. Lenhard, who was part of a legal team that challenged the constitutionality of the McCain-Feingold campaign finance law.

Von Spakovsky and Mason are Republican appointees, while Lenhard and Walther are Democratic picks for the bipartisan six-member commission.

In a letter to Senate Rules Committee Chairman Trent Lott (R-Miss.), Sen. Edward M. Kennedy (D-Mass.) wrote that he is "extremely troubled" by the von Spakovsky nomination. Kennedy contends that von Spakovsky "may be at the heart of the political interference that is undermining the [Justice] Department's enforcement of federal civil laws."

Career Justice Department lawyers involved in a Georgia case said von Spakovsky pushed strongly for approval of a state program requiring voters to have photo identification. A team of staff lawyers that examined the case recommended 4 to 1 that the Georgia plan should be rejected because it would harm black voters; the recommendation was overruled by von Spakovsky and other senior officials in the Civil Rights Division.

Before working in the Justice Department, von Spakovsky was the Republican Party chairman in Fulton County, Ga., and served on the board of the Voter Integrity Project, which advocated regular purging of voter roles to prevent felons from casting ballots.

In a brief telephone interview, von Spakovsky played down his role in policy decisions in the Civil Rights Division. "I'm just a career lawyer who works in the front office of civil rights," he said. He noted that the department has rules against career lawyers talking to reporters.

Five years after the Bush administration began a crackdown on voter fraud, the Justice Department has turned up virtually no evidence of any organized effort to skew federal elections, according to court records and interviews.

But even putting aside his controversial tenure at DOJ, von Spakovsky’s performance at the FEC over the last year independently raises questions of whether he is worthy of Senate confirmation. His comments at FEC meetings have often been caustic and extraneous to the issue at hand. He has consistently scoffed at the spirit of campaign finance laws, thumbing his nose at the law as he seeks to help create routes of circumvention. He even accuses those reformers who seek regulation of the role of money in our political process as attempting to take us back to the days of the Alien and Sedition Acts. This is an easy accusation to make, and von Spakovsky has employed it a number of times, and it certainly is easier to attack those he disagrees with rather than to explain principled reasons for his own actions.

The Senate Rules Committee hearings will begin soon. When they do, the American people have the right to know all the details of von Spakovsky’s roles in both the Texas and Georgia matters, and his handling of FEC matters as a recess appointee. That record, if compiled, will make the vote on his confirmation quite easy.