CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 10/7/2023 1

Get-Out-the-Vote Canvassing 

Service Employees International Union v. Municipality 

of Mt. Lebanon (Arthur J. Schwab, W.D. Pa. 2:04-cv-1651) 

A district court was asked to resolve the constitutionality of county 

requirements for persons who wanted to go door to door over the 

weekend before a general election to encourage voting. In the short 

term, the counties relaxed their restrictions; in the long term, they 

revised them. 

Subject: Campaign activities. Topics: Door-to-door canvassing; 

recusal. 

At approximately 1:00 p.m. on the Thursday before the 2004 general election, persons who wanted to go door to door over the weekend to encourage 

voting and inform residents of their polling places filed an action in the 

Western District of Pennsylvania’s Pittsburgh Division claiming that canvassing ordinances in the Allegheny County municipalities of Monroeville 

and Mt. Lebanon unduly burdened First Amendment canvassing rights.1

 The 

plaintiffs sought a declaration that the ordinances were unconstitutional, a 

temporary restraining order, and both preliminary and permanent injunctive 

relief.2

Because the plaintiffs requested a temporary restraining order, the clerk’s 

office contacted the assigned judge’s chambers immediately.3 Judge Terrence 

F. McVerry recused himself,4 and the case was reassigned to Judge Arthur J. 

Schwab.5

1. Complaint, Service Employees Int’l Union v. Municipality of Monroeville, No. 2:04-

cv-1651 (W.D. Pa. Oct. 28, 2004), D.E. 1, Ohio State University Moitiz College of Law, 

Election Law @ Moritz [hereinafter ELM], moritzlaw.osu.edu/electionlaw/docs/penn/seiucomplaint.pdf, archived at web.archive.org/web/20161217192154/moritzlaw.osu.edu/electionlaw/ 

docs/penn/seiu-complaint.pdf; Service Employees Int’l Union v. Municipality of Mt. Lebanon, 

446 F.3d 419, 421 (3d Cir. 2006); Transcript at 2, Service Employees Int’l Union, No. 2:04-cv1651 (W.D. Pa. Oct. 28, 2004, filed Jan. 11, 2005), D.E. 23 [hereinafter Oct. 28, 2004, 

Transcript]; see Torsten Ove, ACLU Sues to Overturn Anti-Canvassing Laws, Pittsburgh 

Post-Gazette, Oct. 29, 2004, at A10 [hereinafter ACLU Sues]; Torsten Ove, Agreement Clears 

Way for Canvassers in Communities, Pittsburgh Post-Gazette, Oct. 30, 2004, at A13 

[hereinafter Agreement Clears Way]. 

2. Complaint, supra note 1; Motion, Service Employees Int’l Union, No. 2:04-cv-1651 

(W.D. Pa. Oct. 28, 2004), D.E. 2, ELM, moritzlaw.osu.edu/electionlaw/docs/penn/seiu-TRO. 

pdf, archived at web.archive.org/web/20161217192200/moritzlaw.osu.edu/electionlaw/docs/ 

penn/seiu-TRO.pdf; Brief, id. (Oct. 28, 2004), D.E. 3, ELM, moritzlaw.osu.edu/electionlaw/ 

docs/penn/seiu-TROmemo.pdf, archived at web.archive.org/web/20161217192203/moritzlaw. 

osu.edu/electionlaw/docs/penn/seiu-TROmemo.pdf. 

3. Interview with Hon. Arthur J. Schwab, Jan. 31, 2012. 

Tim Reagan interviewed Judge Schwab for this report by telephone. 

4. Judge McVerry was Allegheny County’s solicitor from 2000 to 2002. Federal Judicial 

Center Biographical Directory of Article III Federal Judges [hereinafter FJC Biographical 

Directory], www.fjc.gov/history/judges. Both he and his wife were active in Mt. Lebanon 

politics. Interview with Judge Arthur J. Schwab, Jan. 31, 2012. Judge McVerry died on March 
Get-Out-the-Vote Canvassing 

2 Federal Judicial Center 10/7/2023 

Between 11:00 and 11:30 that morning, the plaintiffs faxed to the municipalities’ lawyers a copy of the complaint.6

 The attorney for Mt. Lebanon became aware of the fax between 12:00 and 1:00 in the afternoon, about the 

time that the complaint was filed.7

 The attorney for Monroeville became 

aware of the complaint when Channel 11 News called to ask for a comment.8

About half an hour after Judge Schwab received the case, he conducted a telephonic proceeding in open court with attorneys for all of the parties.9

 Judge 

Schwab obtained from the attorneys an agreement to meet in court at 10:00 

on Friday morning with decision-makers for all parties.10 He asked the defendants to come with memoranda in response to the plaintiffs’ request for 

immediate relief.11

On Friday morning, Judge Schwab greeted the parties and received oral 

summaries of the defendants’ responses.12 His principal question for the 

plaintiffs was whether they wanted a lawsuit or they wanted to canvass.13

The complaint alleged that Monroeville required each person going door 

to door there to obtain a permit—which would take at least two days—and 

pay a $10 fee, and the complaint alleged that the organization had to pay an 

additional fee of $50 per week.14 At the Friday morning proceeding, Monroeville represented that its ordinance did not apply to political canvassers not 

soliciting contributions.15 That afternoon, the plaintiffs and Monroeville 

memorialized the plaintiffs’ right to canvass without a permit in a consent 

decree that Judge Schwab immediately signed.16 Monroeville was dismissed 

as a defendant that day.17

8, 2021. FJC Biographical Directory, supra. 

5. Docket Sheet, Service Employees Int’l Union, No. 2:04-cv-1651 (W.D. Pa. Oct. 28, 

2004); Transcript at 2–3, id. (Oct. 29, 2004, filed Jan. 11, 2005), D.E. 24 [hereinafter Oct. 29, 

2004, Transcript]. 

6. Oct. 28, 2004, Transcript, supra note 1, at 2. 

7. Id. at 2–4. 

8. Id. at 3. 

9. Id. at 2, 10. 

10. Id. at 4–11. 

11. Oct. 28, 2004, Transcript, supra note 1, at 11; Opinion at 3, Service Employees Int’l 

Union v. Municipality of Monroeville, No. 2:04-cv-1651 (W.D. Pa. Dec. 9, 2004), D.E. 19 

[hereinafter W.D. Pa. Service Employees Int’l Union Opinion]; Oct. 29, 2004, Transcript, 

supra note 5, at 3. 

12. Oct. 29, 2004, Transcript, supra note 5, at 2–13; see Docket Sheet, supra note 5. 

13. Interview with Hon. Arthur J. Schwab, Jan. 31, 2012; Oct. 28, 2004, Transcript, supra

note 1, at 6 (“Everyone has legitimate interests and we can spend days and weeks litigating 

the respective positions, and if that’s what people want, then I’m happy to do that. I’m just 

saying that there may be a way that reasonable people can sit down and work through something that would satisfy everyone in this regard.”). 

14. Complaint, supra note 1, at 4–7; see Ove, ACLU Sues, supra note 1. 

15. Oct. 29, 2004, Transcript, supra note 5, at 9–12; W.D. Pa. Service Employees Int’l Union Opinion, supra note 11, at 3. 

16. Oct. 29, 2004, Transcript, supra note 5, at 16–19; Docket Sheet, supra note 5; W.D. 

Pa. Service Employees Int’l Union Opinion, supra note 11, at 3–4. 

17. W.D. Pa. Service Employees Int’l Union Opinion, supra note 11, at 3; see Ove, Agreement Clears Way, supra note 1. 
Get-Out-the-Vote Canvassing 

Federal Judicial Center 10/7/2023 3

The plaintiffs and Mt. Lebanon spent all Friday working out a consent 

decree, which Judge Schwab signed that day, allowing the plaintiffs to canvass in Mt. Lebanon over the weekend and deferring the constitutionality of 

Mt. Lebanon’s canvassing ordinance for resolution later.18 As part of the 

compromise, instead of individual canvassers appearing at the police station 

for individual permits, the union would submit a list of canvassers and their 

driver-license numbers.19 Judge Schwab made himself and his staff available 

over the weekend in case they were needed, and they were not.20

If Judge Schwab received a case like this again, he would refer it to the 

court’s alternative-dispute-resolution program for immediate mediation by 

an expert in election law.21

On December 2, Judge Schwab determined that Mt. Lebanon’s ordinance 

was constitutional,22 but the court of appeals, on April 28, 2006, determined 

that it was not.23 Mt. Lebanon decided not to seek reconsideration of the appellate opinion.24 Judge Schwab ordered mediation on attorney-fee matters,25

but by the time the parties worked out the logistics of mediation they apparently came to an agreement on their own.26

18. Oct. 29, 2004, Transcript, supra note 5, at 21–28; W.D. Pa. Service Employees Int’l Union Opinion, supra note 11, at 4; Docket Sheet, supra note 5. 

19. Oct. 29, 2004, Transcript, supra note 5, at 26–27; W.D. Pa. Service Employees Int’l Union Opinion, supra note 11, at 4; see Ove, Agreement Clears Way, supra note 1. 

20. Oct. 29, 2004, Transcript, supra note 5, at 5; W.D. Pa. Service Employees Int’l Union

Opinion, supra note 11, at 4–5. 

21. Interview with Hon. Arthur J. Schwab, Jan. 31, 2012. 

22. W.D. Pa. Service Employees Int’l Union Opinion, supra note 11, at 17; see Paula Reed 

Ward, Mt. Lebanon Can’t Force Door-to-Door Canvassers to Register, Court Rules, Pittsburgh 

Post-Gazette, Apr. 29, 2006, at B1. 

23. Service Empoloyees Int’l Union v. Municipality of Mt. Lebanon, 446 F.3d 419 (3d 

Cir. 2006); see Ward, supra note 22. 

24. Status Report, Service Employees Int’l Union v. Municipality of Monroeville, No. 

2:04-cv-1651 (W.D. Pa. June 5, 2006), D.E. 28. 

25. Order, id. (June 29, 2006), D.E. 31. 

26. Docket Sheet, supra note 5; Motion, Service Employees Int’l Union, No. 2:04-cv-1651 

(W.D. Pa. Aug. 21, 2006), D.E. 33.