ACORN v. Cox (Georgia)

The lawsuit challenges a Georgia State Board of Election rule that states:

No person may accept a completed registration application from an applicant unless such application has been sealed by the applicant. No copies of completed registration applications shall be made.

The complaint claims the regulation violates the National Voter Rights Act and free speech and associational rights under the First Amendment by creating an undue burden on an organization’s right to assist applicants complete and submit voter applications to election officials. The regulation serves no state interest that warrants such a burden.

Plaintiffs obtained a Preliminary Injunction barring enforcement of the regulation on September 28, 2006. The Court found that the regulation violated Plaintiffs’ First Amendment rights. The Court also found the regulation did not violated the NVRA.

Plaintiffs filed a Motion to Reconsider the NVRA ruling and correct an erroneous finding concerning payment by Plaintiffs per registration application. Defendants have opposed the Motion to Reconsider but not objected to the correction of the record.

Plaintiffs are Project Vote, ACORN, Georgia Coalition for the People’s Agenda and the Georgia State Conference of the NAACP. Plaintiffs are represented by Bradley E. Heard from Molden Holley Fergusson Thompson & Heard LLC, Project Vote and the Advancement Project.