The Wrong Choice for the FEC

Regarding the Dec. 7 editorial "The Missing Referee," on the impasse over confirmation of Federal Election Commission nominees:

The editorial noted that one of the nominees, Hans A. von Spakovsky, was a central player in the politicization of the Justice Department who took a series of actions over several years to undermine the voting rights of hundreds of thousands of Americans. Even George F. Will, in his Dec. 11 column supporting Mr. von Spakovsky ["Paralyze the FEC? Splendid."], had to resort to unwarranted attacks on the nominee's detractors, including both of us.

The Post urged senators to hold their noses and confirm Mr. von Spakovsky and the other nominees. That would be wrong. We were career Justice Department employees, and, between us, we have over 55 years of experience working in the Civil Rights Division -- under mostly Republican administrations. The level of politicization under the Bush administration, consistently reported on and criticized by The Post, is unprecedented and has undermined the department's credibility. To urge that a central player in this politicization be rewarded with confirmation to the FEC disregards the serious damage he caused to the department.

There are two possible solutions: The president could find an acceptable nominee to replace Mr. von Spakovsky or the Senate could confirm two commissioners, one Democrat and one Republican. That would give the FEC four commissioners to conduct its business. Either solution is preferable to rewarding someone who has both shown a disdain for campaign finance laws and amassed a disgraceful record of vote suppression.

J. GERALD HEBERT

Executive Director

Campaign Legal Center

JOSEPH D. RICH

Director, Fair Housing Project

Lawyers' Committee for Civil Rights Under Law

Washington