White House Nominations, House Manipulation
Posted: 12/19/05
Both the Republican President and the House Republicans are, in different ways, seeking change in the machinery of campaign finance regulation. The President has decided on the individuals he will recommend for vacancies on the Commission: this was long in coming, but when the moment came, there was a surprise: an attorney from the Justice Department’s Voting Section, Hans A. von Spakovsy, was put forward for former Commissioner Smith’s seat. For their part, the House Republicans have in mind, once again, to snuff out 527 activity and—the regular legislative process having failed them—their approach this time has been to smuggle the measure into the DOD authorizations process.
To the extent that early reports on these developments have cast about for a "story," it has been suggested to be the emergence of Mr. von Spakovsky. See Thomas B. Edsall and Dan Eggen,
"Bush Picks Controversial Nominees for FEC," Washington Post (Dec. 17, 2005) at A9 and Todd J. Gillman,
"Texas redstricting figure's nomination angers Democrats," DallasNews.com (Dec. 17, 2005). He has gotten some press in his current position, and none of it, from a Democratic perspective, is favorable. See Jeffrey Toobin,
"Is the Justice Department poised to stop voter fraud—or to keep voters from voting?", The New Yorker (Sept. 13, 2004). He came to the Administration as an activist for limitations of various kinds on the franchise, allied in this effort with organizations like the Voting Integrity Project, and his complaints have included early voting, see Hans A. von Spakovsky,
"Should Georgia Adopt Early Voting?," Intellectual Amunition: Point of View (Nov./Dec. 2000), internet voting, see Kat Hanna,
"Internet Voting: Spurring or Corrupting Democracy?", cfp2000.org, and the absence of adequate measures to prevent "fraud." Most recently, he was alleged to have played a key role in directing both the submergence and the reversal of the unanimous staff recommendation against the DeLay re-redistricting plan for Texas. See R.G. Ratcliffe and Michael Hedges,
"Political appointees had the final say on Texas redistricting," chron.com (Dec. 3, 2005).
It is not known whether von Spakovsky brings to the nomination any expertise in campaign finance. A brief search turns up only one piece he authored in sharp protest against alleged irregularities in the financing of President Clinton’s reelection effort. Hans von Spakovsky, "How's It Playing," Campaign Under Scrutiny (July 20, 1997)
http://www.pbs.org/newshour/campaign/delegates/spakovsky_7-20.html. What is evident in this writing is partisan commitment, not deep learning in campaign finance.
And yet: von Spakovsy is an agent, not a principal, whose actions in the Voting Section, one can be sure, were faithful to the expectations and directives of his superiors. Now these same superiors wish to move him to the FEC where, replacing a Republican Commissioner, he may well prove to be a reliable Republican vote on issues important to his party. No surprise there: the President would not conceivably appoint to a Republican seat an individual without ties to the party or demonstrated sympathy for its outlook. This is the likely significance of his laments about Democratic campaign finance, written in l997: this was the Republican party line at the time, and he will most probably follow it now, as would any other individual named by the President to that Smith seat.
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http://www.moresoftmoneyhardlaw.com/news.html?AID=571Steven P.
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