Posted October 22, 2007 by J. Gerald Hebert

von Spakovsky Just Can’t Escape DOJ

Delays in a vote on Hans von Spakovsky’s nomination to the Federal Election Commission (FEC) have served the useful and important purpose of bringing his previous vote suppression efforts into sharper focus for many Senators.  Ongoing miscues and scandals at the Justice Department, especially those involving controversial voter ID laws and the injection of partisan politics into federal law enforcement efforts, keep the nominee’s misdeeds there in the news, the blogosphere and before constituents – many of whom are learning about the very existence of the Federal Election Commission (FEC) for the first time.  The continuing media attention and growing pressure on individual Senators from Civil Rights organizations and government watchdog groups – from the Leadership Conference on Civil Rights and the NAACP to Common Cause and the Legal Center appears to have taken the nomination out of the rubber stamp category.

The stalled nomination has allowed time for national organizations and their membership at the local level to reach out to their Senators and express their opposition to von Spakovsky’s nomination.  It is clear that, until recently, many Senators hadn’t focused on von Spakovsky’s central role in politicizing the Justice Department and how he misused his office to advance a partisan agenda.  The delay in the confirmation vote has given them the time to review his record, and as they do, the opposition to his nomination continues to grow. 

There are two groups of Senators who will be key in determining whether von Spakovsky is approved.  The first are Senators representing states with large minority populations, including Florida, Louisiana, Michigan, and New York, who have been silent to date.  The second are Senators from Arkansas, Colorado, Virginia, and West Virginia who have been identified by civil rights organizations as “swing votes” because they represent more conservative states.  The coalition of groups opposing this nomination are working to ensure that Senators are fully informed about von Spakovsky’s defense of vote suppression tactics in the 2004 election cycle and how he used his office to advance GOP causes. 

The fact that other DOJ officials have also undermined minority voting rights and injected raw partisan politics into the Department, even if they have left the Justice Department in shame and disgrace, does not change the fact that von Spakovsky, who helped lead the assault on the Voting Section, is the last man standing and certainly does not deserve a promotion to the FEC for his misdeeds. 

Prior to the holds being placed by Senators Russ Feingold (D-WI) and Barack Obama (D-IL) the nomination appeared headed for a quick “package deal” vote on all four pending nominations.  That would have been wrong on several levels, and would not have given Senators the opportunity they deserve to go on record in opposing this nominee.  The additional time will at least help ensure that it is an informed Senate that votes on the nomination of an individual who was a key figure in the politicization of DOJ and who misused his DOJ office to undermine, rather than enforce, Voting Rights Act protections.