ACORN ruling may come this afternoon

Trial or no trial? That remains the question in the case against ACORN, the grass-roots community organizing group.

Six and half hours wasn't long enough to finish a preliminary hearing Tuesday that will determine whether ACORN and a co-defendant will stand trial for allegedly approving an illegal voter registration scheme in Las Vegas.

Las Vegas Justice of the Peace William Jansen probably will decide this afternoon whether prosecutors have met the burden of "slight or marginal evidence" needed to send the case against the Association of Community Organizations for Reform Now and Amy Busefink to District Court for trial.

Prosecutors allege ACORN and Busefink permitted a local field director to run an illegal cash incentive program to encourage employees to register voters. Prosecutors also say ACORN had an illegal quota policy that forced employees to register a certain number of people per shift or face termination.

ACORN's Las Vegas field director during the 2008 election, Christopher Edwards, was the state attorney general's office key witness Tuesday.

Edwards said he created the incentive program called Blackjack or 21+ that rewarded employees with $5 extra per shift if they brought in 21 or more completed voter registration cards during the 2008 election cycle.

Such an incentive program is prohibited by Nevada law, which 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."

Edwards testified that he had received verbal approval from Busefink for the incentive program, though he couldn't recall when that happened. Busefink is a longtime employee of Project Vote who worked in partnership with ACORN in 2008 and oversaw Edwards. Project Vote is a national grass-roots organization that aims to register voters.

"No one in ACORN knew that this was illegal up until late December last year. I was never told by Amy Busefink or anyone else to stop that program. Nor was I ever told by Amy Busefink or anyone else that there was any legal jeopardy concerning that program" until December, Edwards said.

Prosecutors also presented an e-mail from an ACORN official to Edwards with a payroll spreadsheet that documented who received a Blackjack bonus, indicating the group was aware of the program.

Edwards was one of four former ACORN employees to testify Tuesday. One other said he spoke to Busefink about the program.

Joseph Terry, an ACORN team leader and twice convicted felon, testified while dressed in prison garb and with his arms shackled. Terry, who was convicted of a 2006 burglary and 2008 attempted grand larceny, said he spoke to Busefink during her visit to the Las Vegas office and asked if the Blackjack program was still being offered. "She said, 'Yes it was,' " Terry said.

Terry said he was not given any consideration for the time he's serving in exchange for his testimony.

Busefink's and ACORN attorneys have said Busefink ordered a halt to the Blackjack bonus after an August 2008 visit she made to the Las Vegas office. ACORN officials have maintained incentive programs are against the organization's policy.

Edwards also testified that a similar cash incentive program to register Spanish speaking voters he designed was not approved by an ACORN official.

Busefink's attorney, Kevin Stolworthy, said after Tuesday's hearing that he didn't believe prosecutors had met their burden of proof.

"Edwards knew he wasn't supposed to do it. He's covering for himself," Stolworthy said. "Edwards isn't credible and Amy is, and if it's a he said-she said situation, she'll win."

Lisa Rasmussen, attorney for ACORN, said prosecutors had not proven there was a quota system. "It's clear that there was no hard-and-fast quota because there was no testimony or documentary evidence that shows that anyone was required to even get 20 cards per day."

Edwards testified that canvassers were given a goal of registering 20 voters per shift, but if they only registered 16 or 17 they weren't fired. Edwards said when canvassers only registered nine to 12 voters they faced termination.

Chief Deputy Attorney General Conrad Hafen, the case's lead prosecutor, said that's a quota because it ties the total number of registration cards to payment or employment.

"The law in Nevada is that you cannot pay people for the total number of registration cards they submit," Hafen said.

Meanwhile, an ACORN official accused Nevada officials of pushing prosecution of the case for political gain.

Southwest Regional Director for ACORN Matthew Henderson said, "The weakness of this case and the lack of prosecution of actual voter registration fraud cases by Secretary of State Ross Miller and Attorney General Catherine Cortez-Masto are further evidence that this case is more about political grandstanding than ensuring sound elections."

Hafen said there was no political motivation for the prosecution.

"We don't prosecute people or organizations based on politics," rather the evidence gathered during a criminal investigation, Hafen said. "Everyone is treated the same."

"I think you would be hard pressed to say this was politically motivated, particularly when the Secretary of State, Ross Miller, and my boss (state Attorney General Catherine Cortez-Masto) are both Democrats," Hafen said.

ACORN is charged with 13 counts of compensation for registration of voters. Busefink faces 13 counts of aiding the compensation for registration of voters. Edwards pleaded guilty in August to two gross misdemeanor counts of conspiracy to commit compensation. As part of the plea deal, the state attorney general's office dropped 13 felony counts of compensation for registration of voters against Edwards and he agreed to testify against Busefink and ACORN. He will be sentenced in November.

The secretary of state's office discovered the incentive program after a complaint from the Clark County registrar of voters detailed how ACORN employees were submitting registrations with phony names and addresses.

One canvasser reportedly turned in the starting lineup of the Dallas Cowboys.

The attorney general's office has not filed charges against the canvassers who turned in the false registration cards. Turning in such cards is a felony.

Hafen said no canvassers are being charged because of "ACORN's own faulty internal process," pointing out that investigators could not match which registration cards were handed in by which canvasser.

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