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White House Pursued Legal Efforts to Limit Voter Turnout in Key States
 

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WASHINGTON (By Greg Gordon, McClatchy Newspapers) April 19, 2007 —  For six years, the Bush administration, aided by Justice Department political appointees, has pursued an aggressive legal effort to restrict voter turnout in key battleground states in ways that favor Republican political candidates.

The administration intensified its efforts last year as President Bush's popularity and Republican support eroded heading into a midterm battle for control of Congress, which the Democrats won.

Facing nationwide voter registration drives by Democratic-leaning groups, the administration alleged widespread election fraud and endorsed proposals for tougher state and federal voter identification laws.

Presidential political adviser Karl Rove alluded to the strategy in April 2006, when he railed about voter fraud in a speech to the Republican National Lawyers Association.

Civil rights advocates charge that the administration's policies were intended to disenfranchise hundreds of thousands of poor and minority voters who tend to support Democrats. By filing state and federal lawsuits, civil rights groups have won court rulings blocking some of the actions.

Justice Department spokesperson Cynthia Magnuson called any allegation that the department has rolled back minority voting rights "fundamentally flawed."

She said the department has "a completely robust record when it comes to enforcing federal voting rights laws," citing its support last year for reauthorization of the 1965 Voting Rights Act and the filing of at least 20 suits to ensure that language services are available to non-English-speaking voters.

The administration, however, has repeatedly invoked allegations of widespread voter fraud to justify tougher voter-ID measures and other steps to restrict access to the ballot, even though research suggests that voter fraud is rare.

Since Bush's first attorney general, John Ashcroft, a former Republican senator from Missouri, launched a "Ballot Access and Voter Integrity Initiative" in 2001, Justice Department political appointees have exhorted U.S. attorneys to prosecute voter fraud cases, and the department's Civil Rights Division has sought to roll back policies to protect minority voting rights.

On virtually every significant decision affecting election balloting since 2001, the division's Voting Rights Section has come down on the side of Republicans, notably in Florida, Michigan, Missouri, Ohio, Washington and other states where recent elections have been decided by narrow margins.

Joseph Rich, who left his job as chief of the section in 2005, said these events formed an unmistakable pattern.

"As more information becomes available about the administration's priority on combating alleged, but not well-substantiated, voter fraud, the more apparent it is that its actions concerning voter-ID laws are part of a partisan strategy to suppress the votes of poor and minority citizens," he said.

The administration's presence was felt last year in at least one state legislative battle over voter identification.

In Missouri, where Republican Sen. Jim Talent was fighting to hang onto his seat and hold the U.S. Senate for the GOP, a Republican-backed photo-ID requirement cleared the state House of Representatives by one vote in May 2006 after an intense lobbying effort in which backers alleged voter fraud in heavily Democratic St. Louis and Kansas City.

"The White House was heavily involved" in the effort to win passage, state Rep. Bryan Stevenson, the Republican floor leader, said in a telephone interview. Stevenson said he wasn't privy to the details of the White House efforts.

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 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 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 D. Kyle Sampson, a former Bush White House lawyer, denied the request, one of the former department attorneys said.

Later in 2005, career lawyers wrote a memo recommending that the department oppose a new Georgia law requiring voters to present a $20 photo ID. They argued that the requirement would discriminate against poor blacks, but that was quickly rejected.

Toby Moore, one of the five career lawyers who reviewed the memo, said the only dissenter to the recommendation was a new hire, Joshua Rogers, a member of the National Republican Lawyers Association, a partisan organization interested in election issues.

Moore said that John Tanner, who'd just been appointed the new section chief, "doctored the memo ... reversing many of our findings" and used the occasion to change procedures so that he alone could make future recommendations.

 

 

 

Jon Garrido, President, The Blue Dogs of the National Democratic Party

 

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