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ACORN Defeats Anti-Voter Legal Attacks |
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By Media Release from ACORN
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December 15, 2005 |
(Link to Media Release) Today, ACORN (Association of Community Organizations for Reform Now)
announced that the last of three politically-motivated lawsuits filed
against the group in the wake of its successful 2004 voter outreach
drive has been “dismissed with prejudice.” Each of the three cases (two
in Florida and one in Ohio) were brought by partisan law firms based on
unfounded allegations of “voter fraud” against the organization – and
all three cases have been dismissed.
In 2004, ACORN ran the largest non-partisan voter outreach program and
assisted more 1.1 million low and moderate income and minority voters
nationwide in registering to vote, including 210,000 in Florida and
190,000 in Ohio.
“We are very proud of the work we do to bring new voters into the
process. Non-partisan voter registration and outreach is a key part of
our daily work to build more power for our communities, and we will
never be intimidated by baseless legal attacks,” said Tamecka Pierce,
the Chairperson of Florida ACORN.
In Florida, Republican attorneys at Rothstein, Rosenfeldt, Adler filed
two suits against ACORN, working with an ex-ACORN employee, convicted
felon Mac Stuart, who had been fired by ACORN for misconduct in 2004.
(After his termination and just a week prior to the November 2004
election, Stuart falsely accused ACORN of committing voter registration
fraud. In August 2004, Stuart attempted to cash a check written out to
Floridians for All, a PAC supported by ACORN that sponsored the Florida
Minimum Wage Amendment that was overwhelmingly approved by Florida
voters in November 2004.) Last week, Judge James Lawrence King of the
Southern District of Florida dismissed Stuart’s claims with prejudice,
and granted judgment to ACORN on its defamation counterclaims.
The second Florida suit filed by Rothstein, Rosenfeldt, Adler was based
on false information provided by Stuart, alleging that ACORN had failed
to submit 11 voter registration applications in time for the general
election. Discovery in this case revealed that the applications Stuart
provided his counsel were never collected by ACORN. Judge Jose Martinez
of the Southern District of Florida dismissed the claims against ACORN
with prejudice because there was no evidence to make a case against
ACORN.
Faith E. Gay, Brian Koch and Angela Daker of the Miami Office of White
& Case LLP represented ACORN in the two Florida cases. “ACORN has
shown that the claims made against it were false and frivolous, and the
dismissal of these claims should vindicate ACORN of any alleged
wrongdoing,” said attorney Brian Koch. In pleadings filed in the
Southern District of Florida, Stuart admitted that his allegations of
voter registration fraud against ACORN were defamatory.
Similarly, investigations by the Florida Department of Law Enforcement
and local election officials into voting issues have returned no
evidence that ACORN participated in voter fraud. In Florida’s Duval
County, for example, the FBI found that all 59 cases of alleged double
voting were clerical errors by the Supervisor of Elections.
ACORN staff and volunteers undergo careful training, and each office
implements quality control procedures to protect the integrity of the
voter process.
In Ohio, a case alleging conspiracy to commit voter fraud was brought
by another prominent Republican law firm. Again, the case was dismissed
when no evidence could be produced. In Cleveland and Akron, FBI
investigators reviewed registration applications submitted by ACORN and
found no evidence of any organizational misconduct.
Alleged incidents of “voter fraud” are frequently cited as the main
reason for implementing laws that restrict access to voting
disproportionately impact low income and minority, such as photo
identification requirements. A year after the contentious 2004
election, however, these claims have been revealed to be false. “It’s
very political,” said Pierce. “They make false claims against our
successful voter registration programs, which encourage people to take
part in democracy, in order to justify legislation which would throw up
barriers to minority and low income voters.”
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