JUSTICE DEPARTMENT SUES CALIFORNIA COUNTY TO ENFORCE 2002 VOTING REFORM LAW

WASHINGTON, D.C. - The Justice Department today announced the filing of a lawsuit and simultaneous entry of a consent decree settling allegations that San Benito County, California violated both the Help America Vote Act (HAVA) and the Voting Rights Act.

The complaint, filed in U.S. District Court in the Northern District of California, alleged that San Benito County failed to post information that HAVA mandates be publicly displayed at all polling places, offered no information to voters regarding their rights under HAVA to verify whether their provisional ballots were counted, and failed to translate election-related information into Spanish, as required by Section 203 of the Voting Rights Act.

“Today’s comprehensive decree underscores the seriousness with which the Justice Department defends the voting rights of all Americans,” said R. Alexander Acosta, Assistant Attorney General for Civil Rights. “States and municipalities must comply with the new legal standards established by the Help America Vote Act and the requirements of the Voting Rights Act in this year’s elections.”

Under the consent decree, which still must be approved by a three-judge federal court, the county will provide all HAVA-required information at polling stations and provide similar comprehensive relief for Spanish-speaking voters, including translation of election-related information such as ballots and other polling place materials. Assistant Attorney General Acosta praised local officials for recognizing these problems and promptly agreeing to a strong remedial plan.

HAVA allows the use of provisional ballots by registered voters who find themselves inadvertently left off voting lists. It also requires states to establish free mechanisms by which voters can learn if their provisional votes were counted and, if not, why not.

Section 203 of the Voting Rights Act provides that certain jurisdictions, as determined by the Census Bureau, must offer all voter registration and balloting materials in not only English, but other languages as well - including Spanish - so as to allow maximum participation by those citizens who do not speak English.

The Civil Rights Division has launched a major outreach and enforcement initiative for HAVA. Since the statute’s passage in 2002, Civil Rights Division personnel have been working with state and local election officials across the country, as well as civil rights organizations, to ensure the effective implementation of HAVA’s new requirements for federal elections.

The Civil Rights Division has launched a similar initiative to reach out to jurisdictions covered under Section 203 of the Voting Rights Act to ensure their compliance with the Act. Since January 2004, the Division has announced the successful resolution of Section 203 problems through agreements protecting Vietnamese-speaking voters in Harris County (Houston), Texas, and Navajo and Pueblo voters in Cibola County, New Mexico.

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