Hans A. von Spakovsky
Encyclopedia
Hans A. von Spakovsky is an American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 attorney and a former member of the Federal Election Commission
Federal Election Commission
The Federal Election Commission is an independent regulatory agency that was founded in 1975 by the United States Congress to regulate the campaign finance legislation in the United States. It was created in a provision of the 1975 amendment to the Federal Election Campaign Act...

 (FEC). He was nominated to the FEC by President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....

 on December 15, 2005 and was appointed by recess appointment
Recess appointment
A recess appointment is the appointment, by the President of the United States, of a senior federal official while the U.S. Senate is in recess. The U.S. Constitution requires that the most senior federal officers must be confirmed by the Senate before assuming office, but while the Senate is in...

 on January 4, 2006.

However, von Spakovsky's nomination was opposed by Senate Democrats, who argued that his oversight of voter laws was unacceptably partisan and that he had consistently acted to disenfranchise poor and minority voters. Opposition to the nomination was bolstered by objections from career Justice Department staff, who accused von Spakovsky of politicizing his nominally non-partisan office to an unprecedented degree.

While von Spakovsky and the Bush Administration
George W. Bush administration
The presidency of George W. Bush began on January 20, 2001, when he was inaugurated as the 43rd President of the United States of America. The oldest son of former president George H. W. Bush, George W...

 denied the accusations of partisanship, the nomination was withdrawn on May 15, 2008. Von Spakovsky subsequently joined the staff of the Heritage Foundation
Heritage Foundation
The Heritage Foundation is a conservative American think tank based in Washington, D.C. Heritage's stated mission is to "formulate and promote conservative public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong...

, a politically conservative think tank
Think tank
A think tank is an organization that conducts research and engages in advocacy in areas such as social policy, political strategy, economics, military, and technology issues. Most think tanks are non-profit organizations, which some countries such as the United States and Canada provide with tax...

.

Early career

Von Spakovsky, originally from Huntsville, Alabama
Huntsville, Alabama
Huntsville is a city located primarily in Madison County in the central part of the far northern region of the U.S. state of Alabama. Huntsville is the county seat of Madison County. The city extends west into neighboring Limestone County. Huntsville's population was 180,105 as of the 2010 Census....

, is a first-generation American whose parents immigrated to the United States in 1951 after meeting in a refugee camp as displaced persons after the end of World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

. He received a B.S. from the Massachusetts Institute of Technology
Massachusetts Institute of Technology
The Massachusetts Institute of Technology is a private research university located in Cambridge, Massachusetts. MIT has five schools and one college, containing a total of 32 academic departments, with a strong emphasis on scientific and technological education and research.Founded in 1861 in...

 in 1981 and a J.D. from the Vanderbilt University Law School
Vanderbilt University Law School
Vanderbilt University Law School is a graduate school of Vanderbilt University. Established in 1874, it is one of the oldest law schools in the southern United States. Vanderbilt Law has consistently ranked among the top 20 law schools in the nation, and is currently ranked 16th in the 2012...

 in 1984. Von Spakovsky is a member of the Georgia and Tennessee bars
Bar (law)
Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...

. Before entering politics, he worked as a government affairs consultant, in a corporate legal department, and in private practice.

Von Spakovsky served as Republican Party
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

 chairman in Fulton County, Georgia
Fulton County, Georgia
Fulton County is a county located in the U.S. state of Georgia. Its county seat is Atlanta, the state capital since 1868 and the principal county of the Atlanta metropolitan area...

 and as a Republican appointee to the Fulton County Registration and Election Board, where he championed strict voter-identification laws. While in Georgia, von Spakovsky was a member of the politically conservative Federalist Society
Federalist Society
The Federalist Society for Law and Public Policy Studies, most frequently called simply the Federalist Society, is an organization of conservatives seeking reform of the current American legal system in accordance with a textualist and/or originalist interpretation of the U.S. Constitution...

. He worked as a lawyer for George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....

's team during the 2000 Florida Presidential election recount
Florida election recount
The Florida election recount of 2000 was a period of vote re-counting that occurred following the unclear results of the 2000 United States presidential election between George W. Bush and Al Gore, specifically the Florida results. The election was ultimately settled in favor of George W. Bush when...

. After Bush's election victory, von Spakovsky was appointed to the Civil Rights division of the U.S. Department of Justice.

Justice Department tenure

Von Spakovsky's tenure at the Justice Department was marked by a focus on voter eligibility and voter fraud. In 2005, he led the Department's approval of a controversial Georgia law requiring voters to produce photo ID, despite strong objections from Justice Department staff that the law would disproportionately harm and disenfranchise African-American voters. Von Spakovksy subsequently acknowledged that he had written a law review article supporting such photo ID laws under the pseudonym "Publius", prompting concerns that he should have recused himself from the Justice Department decision. The Georgia law was subsequently overturned by a federal judge, who compared it to a "Jim-Crow era poll tax". During von Spakovsky's tenure, more than half of the career Justice Department staff left the voting section in protest.

Von Spakovsky also served on the Board of Advisors of the Election Assistance Commission
Election Assistance Commission
The Election Assistance Commission is an independent agency of the United States government created by the Help America Vote Act of 2002 . The Commission serves as a national clearinghouse and resource of information regarding election administration...

, a government commission created by the Help America Vote Act
Help America Vote Act
The Help America Vote Act , or HAVA, is a United States federal law which passed in the House 357-48 and 92-2 in the Senate and was signed into law by President Bush on October 29, 2002. Drafted in reaction to the controversy surrounding the 2000 U.S...

 of 2002. He clashed with the Commission head, Paul DeGregorio. Several individuals with knowledge of the situation, speaking anonymously to McClatchy Newspapers, alleged that DeGregorio had resisted an overtly partisan agenda and his removal was therefore engineered by von Spakovsky.

Federal Election Commission

Von Spakovsky received his recess appointment
Recess appointment
A recess appointment is the appointment, by the President of the United States, of a senior federal official while the U.S. Senate is in recess. The U.S. Constitution requires that the most senior federal officers must be confirmed by the Senate before assuming office, but while the Senate is in...

 by President Bush to the FEC in January 2006. His confirmation hearings were contentious, as Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

 Senators criticized von Spakovsky's Justice Department tenure and accused him of partisanship. A group of career Justice Department staff wrote a letter to the Senate arguing against von Spakovsky's appointment, saying that he "played a major role in the implementation of practices which injected partisan political factors into decision-making on enforcement matters and into the hiring process, and included repeated efforts to intimidate career staff." In response to questioning from the Senate, von Spakovsky repeatedly asserted that he could not remember or recall his involvement in various controversial Justice Department decisions, drawing comparisons to the testimony of former Attorney General Alberto Gonzales
Alberto Gonzales
Alberto R. Gonzales was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush. Gonzales was the first Hispanic Attorney General in U.S. history and the highest-ranking Hispanic government official ever...

.

Faced with mounting opposition, von Spakovsky ultimately withdrew from the FEC confirmation process. He subsequently assumed a position with the Heritage Foundation
Heritage Foundation
The Heritage Foundation is a conservative American think tank based in Washington, D.C. Heritage's stated mission is to "formulate and promote conservative public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong...

, a politically conservative think tank.
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