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Voter solicitation protected by First Amendment
With the election season in full swing, Warrenton police got their first complaints over the weekend about people engaged in political canvassing and related activities.
“We got a couple of complaints over the weekend about people going door-to-door,” Warrenton Police Chief Connie Novak said. “One of them [involved religion] the rest were about politics.”
Novak said she also received a letter from the ACLU of Virginia on Friday pertaining to the rights of individuals to conduct door-to-door voter registration drives.
“It's a form letter reminding agencies that people who go door to door to solicit voter registration or to offer political or religious views are protected by the First Amendment,” Novak explained.
The letter, which the organization sent to all 185 police chiefs in the commonwealth, also cites a U.S. Supreme Court ruling. In 2002, the high court found that “political and religious canvassers could not be required to obtain a permit or even give notice before going door to door with their message.”
However, the organization said in the letter that it advises people who are interested in participating in voter registration drives or related activities not to go on properties where "no trespassing" signs are posted. They are also advised to leave when homeowners asks them to do so.
According to Executive Director Kent Willis, the ACLU of Virginia sent the letters after receiving several complaints from people visiting houses during voter registration drives. In each case, police or other officials reportedly told them that the activity violated a local ordinance or policy.
Warrenton's code does include a chapter pertaining to solicitors. It indicates that licenses are required in order to solicit. However, people participating in activities such as door-to-door registration drives are exempt, Novak said.
“The right to go door to door to register voters, to canvass for candidates or to promote one's religious beliefs is deeply ingrained in the American landscape, both legally and culturally,” Willis said. “Thankfully, the Supreme Court has struck down every local ordinance that attempts to interfere with this basic First Amendment right.”
The ACLU said in the letter it is willing to provide legal representation to anyone whose right to solicit individuals to register to vote is violated.
“My opinion is that this [letter] is a good reminder especially for our newer officers,” Novak said. “This is the time of year when we will start getting calls from homeowners about these people.”
The deadline to register to vote in this year's election is Oct. 6.
E-mail the reporter: abogdanovic@timespapers.com
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