As far as Bogden knew, no voter fraud

Tuesday, May 15, 2007 | 7:31 a.m.

WASHINGTON - President Bush's Justice Department has made voter fraud such a priority that the president and adviser Karl Rove made sure to mention it to state officials during a campaign swing through Las Vegas just months before the contested 2004 election.

The only problem: Their U.S. attorney, Daniel Bogden, didn't have many voter fraud cases to pursue.

Secretary of State Ross Miller, a Democrat, said he knew of no cases brought to the U.S. attorney's office in recent years. Nevada Republicans say the same.

The biggest case Nevada had seen recently were allegations in 2004 that a Republican-financed group had shredded registration cards from Democratic voters. The FBI investigated but it appears the case was not forwarded to Bogden.

Nevertheless, two months before Bogden was fired last year, the Justice Department singled out Nevada's U.S. attorney's office, along with those in a handful of other swing states, for failing to pursue voter fraud vigorously.

Claims that Bogden failed to go after voter fraud provides another potential reason that he was among nine U.S. attorneys fired last year. The Washington Post reported Monday, and the Sun confirmed, that Nevada was singled out by Justice as a state with voter fraud problems.

Congress is continuing to investigate the unprecedented firings. Some lawmakers believe they are an attempt to bring Republican politics to the department, which is supposed to remain politically neutral to ensure fair administration of justice.

Since the disputed 2000 election, the Bush administration has focused on voter fraud as a major problem. But experts say years of research show there is little, if any, evidence of orchestrated attempts by voters to abuse ballot boxes by such stunts as voting multiple times or without proper residency.

A recent New York Times investigation found the Justice Department has investigated 120 voter fraud cases nationwide in five years. It won 86 convictions, including a Wisconsin woman who decided to register after attending a rally, only to discover that a past felony conviction made her ineligible. She was imprisoned for a year for registering.

David Becker, a former voting rights lawyer at Justice who runs the Democracy Campaign at People for the American Way, a liberal organization, said when such prosecutions occur, other voters become intimidated.

"Because voter fraud doesn't exist, we have to ask what are their real reasons? They're trying to provide a disincentive to vote," Becker said. "This is just about winning elections. Period."

Bush won by 21,000 votes nationwide in 2004. Rove has named Nevada as one of 11 swing states that could be pivotal in the 2008 elections. Of those 11 states, nine have new U.S. attorneys, McClatchy News Service recently reported.

Rove complained to Justice last fall about lax voter fraud prosecutions in some states. As Justice looked into the matter, officials decided Nevada also was failing to pursue such cases.

"Bad: Nevada," reads the scribbled notes made by Matthew Friedrich, a counselor to Attorney General Alberto Gonzales. According to a congressional aide, Friedrich told congressional investigators on May 4 that the notes were from a conversation with Ben Campbell, chief of staff in Justice's criminal division, which oversees voter fraud.

How Nevada achieved bad status was a mystery to state officials Monday.

"As opposed to what the voters might think, it's very rare in Nevada," said Matt Griffin, deputy secretary of state for the elections division in Nevada. "It wouldn't be considered an ongoing or rampant problem."

The case involving allegations of shredded documents was never passed on from the FBI, according to Kirsten Searer, spokeswoman for the Nevada Democratic Party.

Bogden could not be reached for comment Monday.

Republican consultant Ryan Erwin, a former state party executive, said he never brought a case to Bogden.

"I think, generally speaking, people follow the law, " he said.