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The presidential nomination of “voting integrity” expert Hans von Spakovsky to the Federal Election Commission casts an ominous light on the Help America Vote Act pushed through Congress in October 2002. As the Administration’s chief election counsel in the Department of Justice, Spakovsky has been advocating strict enforcement of the HAVA legislation, particularly of the requirement that all States be equipped with new uniform election technology, and that they create centralized, computerized statewide voter registration list for use in federal elections by January 1, 2006. States failing to meet the HAVA time tables will be sued by the Justice Department, Spakovsky warns. At a February 2005 meeting of the National Association of Secretaries of States, he announced that after the deadline, agency lawyers would pursue civil action against any state they believe is violating the law. Meanwhile evidence has been piling up that the electronic voting systems hastily purchased across the country are riddled with security problems and prone to hacking. After a non-partisan Government Accounting Office report concluded that e-voting data could be altered surreptitiously, two Florida counties decertified their Diebold machines when a hacking test showed that their electronic memory cards could turn losers into winners without leaving any trace. The naïve trust placed by election officials across the country in such insecure and unverifiable technology is all the more shocking, in light of the fact that 2005 has been called “the worst year for breaches of computer security” by cyber-security experts. The controversial Hans von Spakovsky nomination also draws attention to another peril of the HAVA legislation, the dangers lurking behind the creation of statewide voter databases. As Election Commissioner in Atlanta, Spakovsky designed the plan to remove felons from the election rolls that was used by ChoicePoint in Florida in the 2000 elections. The notorious statewide purge resulted in the mistaken disenfranchisement of thousands of mostly Democratic minority voters and was decisive in putting George W. Bush in the White House. As Greg Palast sums it up: “After all, one man’s overzealous purge is another man’s inauguration!” Spakovsky is also an ardent supporter of the controversial voter photo ID requirement and he supported the DeLay Texas redistricting against the objection of the Voting Rights experts in the Justice Department. What will be the impact of the statewide computerization of voter registration lists pushed by HAVA compliance chief Spakovsky? The security and proprietary pitfalls of the electronic voting industry are repeated with the outsourcing of voter records to private, partisan database vendors. How many voting records could dissolve into cyberspace, or disappear in the black boxes of the database industry? Must we the voters wait until November ’06 to find out that our names are no longer on the rolls? Will Democrats in Congress continue to sit still until they have been unseated by the HAVA cyberscam? Not only is the nomination of voter repression expert Hans von Spakovsky to the Federal Election Commission, where he would sit until April 30, 2011, an insult to voters. It is also one more indication that the election reform law disguised under the cushy name of “Help America Vote Act” was a wolf in sheep’s clothing.
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