ACORN misconduct trial stalls yet again, probably well into 2011

The voter registration misconduct trial of the national grass-roots community organizing group ACORN was delayed for a third time Monday.

A week before jury selection was to begin, Judge Donald Mosley was forced to delay the trial because the ACORN attorney, Lisa Rasmussen, is involved in a federal trial in Reno. The judge will set a new trial date — probably well into 2011.

The delays means the state will lose its lead prosecutor on the case, Chief Deputy Attorney General Conrad Hafen. A newly elected Las Vegas justice of the peace, Hafen will be sworn in Jan. 3.

Whoever takes over the case will need a good amount of time to prepare for trial, he said.

The Nevada attorney general’s office charged ACORN with 13 felonies on allegations the organization authorized a Las Vegas field operative to run an illegal voter-registration program during the 2008 election cycle, using cash to encourage workers to sign up voters. ACORN, the Association of Community Organizations for Reform Now, also had an illegal quota policy that forced workers to register a certain number of people per shift or face termination, authorities allege.

The field operative who created and ran the incentive program, Christopher Edwards, is serving three years of probation after pleading guilty to two gross misdemeanors. As part of a plea deal, Edwards must testify against ACORN.

Earlier this month, co-defendant Amy Busefink took a deal from prosecutors and pleaded no contest to two gross misdemeanors. She is expected to be sentenced to a year of probation, a $1,000 fine and 200 hours of community service. Under the Alford plea, Busefink didn’t admit guilt but acknowledged that prosecutors could prove their case against her. She does not have to testify against ACORN as a part of her deal.

Busefink was a longtime employee of Project Vote, worked in partnership with ACORN in 2008 and oversaw Edwards. Project Vote is a national grass-roots organization that aims to register voters.

ACORN officials have maintained the organization’s innocence in the case, saying Edwards was ordered not to run the incentive program.

The program, called Blackjack or 21-Plus, rewarded employees with $5 extra per shift if they brought in 21 or more completed voter registration cards.

The case is expected to continue although ACORN effectively dissolved itself earlier this month by declaring Chapter 7 bankruptcy.

If convicted of the 13 counts of compensation for registration of voters, ACORN as an organization can be fined a maximum of $5,000 per count.

ACORN’s attorneys have said the state’s case is based on an unconstitutional law. Nevada law says it is “unlawful for a person to provide compensation for registering voters that is based upon the total number of voters a person registers.”

The defunct 40-year-old organization, which once counted President Barack Obama among its ranks, came under fire from conservatives for its voter registration tactics.

Conservatives condemned it as a pro-Democrat group engaging in partisan political activities, which violated the tax-exempt status of some of its affiliates.

Recently, video showing ACORN workers giving advice on how to skirt the law caused a political backlash that prompted Congress to slash ACORN’s federal funding.

The tapes were later shown to be heavily edited.

Contact reporter Francis McCabe at fmccabe@reviewjournal.com or 702-380-1039.