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.
