He was nominated to the FEC by President George W. Bush on December 15, 2005, and was appointed by recess appointment 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 While von Spakovsky and the Bush Administration denied the accusations of partisanship, the nomination was withdrawn on May 15, 2008. Von Spakovsky subsequently joined the staff of the Heritage Foundation, a politically conservative think tank. On June 29, 2017, President Donald J. Trump named him to be a member of the Presidential Advisory Commission on Election Integrity.