http://www.slate.com/id/2166589The Fraudulent Fraud Squad
The incredible, disappearing American Center for Voting Rights.
By Richard L. Hasen
Imagine the National Rifle Association's Web site suddenly disappeared, along with all the data and reports the group had ever posted on gun issues. Imagine Planned Parenthood inexplicably closed its doors one day, without comment from its former leaders. The scenarios are unthinkable, given how established these organizations have become. But even if something did happen to the NRA or Planned Parenthood, no doubt other gun or abortion groups would quickly fill the vacuum and push the ideas they'd pushed for years.
Not so for the American Center for Voting Rights, a group that has literally just disappeared as an organization, and for which it seems no replacement group will rise up. With no notice and little comment, ACVR—the only prominent nongovernmental organization claiming that voter fraud is a major problem, a problem warranting strict rules such as voter-ID laws—simply stopped appearing at government panels and conferences. Its Web domain name has suddenly expired, its reports are all gone (except where they have been preserved by its opponents), and its general counsel, Mark "Thor" Hearne, has cleansed his résumé of affiliation with the group. Hearne won't speak to the press about ACVR's demise. No other group has taken up the "voter fraud" mantra.
The death of ACVR says a lot about the Republican strategy of raising voter fraud as a crisis in American elections. Presidential adviser Karl Rove and his allies, who have been ghostbusting illusory dead and fictional voters since the contested 2000 election, apparently mounted a two-pronged attack. One part of that attack, at the heart of the current Justice Department scandals, involved getting the DoJ and various U.S. attorneys in battleground states to vigorously prosecute cases of voter fraud. That prong has failed. After exhaustive effort, the Department of Justice discovered virtually no polling-place voter fraud, and its efforts to fire the U.S. attorneys in battleground states who did not push the voter-fraud line enough has backfired. Even if Attorney General Gonzales declines to resign his position, his reputation has been irreparably damaged.
But the second prong of this attack may have proven more successful. This involved using ACVR to give "think tank" academic cachet to the unproven idea that voter fraud is a major problem in elections. That cachet would be used to support the passage of onerous voter-identification laws that depress turnout among the poor, minorities, and the elderly—groups more likely to vote Democratic. Where the Bush administration may have failed to nail illegal voters, the effort to suppress minority voting has borne more fruit, as more states pass these laws, and courts begin to uphold them in the name of beating back waves of largely imaginary voter fraud.
Perhaps even with the demise of ACVR, the hard work—of giving credibility to a nonproblem—is done. The short organizational history of ACVR, chronicled indefatigably by Brad Friedman of the Brad Blog, shows that the group was founded just days before its representatives testified before a congressional committee hearing on election-administration issues chaired by then-Rep. (and now federal inmate) Bob Ney. The group was headed by Hearne, national election counsel to Bush-Cheney '04, and staffed with other Republican operatives, including Jim Dyke, a former RNC communications director.
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