Posted by Jonathan Adler: ACORN's Defense - Law Is Unconstitutional: 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. Zappala�s office for eight months, said Witold Walczak, legal director for the American Civil Liberties Union of Pennsylvania, which is representing Acorn. �They already charged the employees, and they�ve hinted they might go after Acorn next,� said Mr. Walczak, who believes this is the first time such a law has been challenged in federal court. �It�s the A.C.L.U.�s reading of this,� he said, �that these kind of laws that restrict an organization�s ability to hire and pay canvassers impacts on voter registration activities, which are constitutionally protected actions.� In May, seven people � five of whom Acorn said were former employees it had fired � were charged in Allegheny County with a variety of counts related to voter registration fraud, including �solicitation of registration,� the state law being challenged in the Acorn suit. That law makes it a crime to �give, 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.� 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 Acorn�s 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 �performance standards,� said the official, Maryellen Hayden, head organizer for Acorn of Western Pennsylvania. �We wouldn�t fire people if they didn�t reach those standards,� Ms. Hayden said. �We told people, �If you want to be the best voter registration worker, 20 to 25 cards is the standard.� � The Pennsylvania law needs to be struck down, Ms. Hayden said, because �the 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.� �That creates a fear that could impede our First Amendment rights,� she said.
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