http://volokh.com/archives/archive_2009_07_19-2009_07_25.shtml#1248389795 Former ACORN employees in Pennsylvania are facing prosecution for
violating a state law barring solicitation for voter registration.
ACORN is responding with a suit challenging the law's
constitutionality. The NYT reports:
Acorn hopes the lawsuit will prevent criminal prosecution of its
local leaders and office, which have been under investigation by
Mr. Zappalaâs office for eight months, said Witold Walczak, legal
director for the American Civil Liberties Union of Pennsylvania,
which is representing Acorn.
âThey already charged the employees, and theyâve hinted they might
go after Acorn next,â said Mr. Walczak, who believes this is the
first time such a law has been challenged in federal court.
âItâs the A.C.L.U.âs reading of this,â he said, âthat these kind of
laws that restrict an organizationâs ability to hire and pay
canvassers impacts on voter registration activities, which are
constitutionally protected actions.â In May, seven people â five of whom Acorn said were former
employees it had fired â were charged in Allegheny County with a
variety of counts related to voter registration fraud, including
âsolicitation of registration,â the state law being challenged in
the Acorn suit.
That law makes it a crime to âgive, solicit or accept payment or
financial incentive to obtain a voter registration if the payment
or incentive is based upon the number of registrations or
applications obtained.â
This could make for an interesting case, and could have wide
implications. Quite a few states have similar laws.
The Times also reports on allegations imposed quotas on its
registration canvassers.
Brian Mellor, senior counsel for Project Vote, an advocacy group
assisting in Acornâs defense in Pennsylvania, said there were at
least nine other states with similar laws: Colorado, Florida,
Georgia, Indiana, Maryland, Missouri, Ohio, Washington and
Wisconsin.
Several of the defendants told investigators that Acorn had imposed
a quota on them, whereby they would be fired if they did not reach
a set goal of about 20 new voter registrations per six-hour shift,
for which they were paid $8 an hour.
But an Acorn official said the organization never had a quota. It
had âperformance standards,â said the official, Maryellen Hayden,
head organizer for Acorn of Western Pennsylvania.
âWe wouldnât fire people if they didnât reach those standards,â Ms.
Hayden said. âWe told people, âIf you want to be the best voter
registration worker, 20 to 25 cards is the standard.â â
The Pennsylvania law needs to be struck down, Ms. Hayden said,
because âthe way this law has been applied would mean that any big
organization that does paid voter registration drives could be
subject to charges at any time.â
âThat creates a fear that could impede our First Amendment rights,â
she said.