Harris County's Response to Section 203 and the Voting Rights Act of 1975

Harris County’s Response to Section 203 and the Voting Rights Act of 1975:

An Overview of Current Procedures and Needs Assessment for Vietnamese Minority Language Assistance

Beverly B. Kaufman Harris County Clerk 1001 Preston, 4th Floor Houston, TX 77002

Updated as of February 2004

Prepared by and for More Information, contact: David Beirne Director of Public Affairs Office of Harris County Clerk, Beverly Kaufman 1001 Preston, 4th Floor Houston, TX 77002 713.755.5792 1 Contents

I. Official Section 203 Federal Guidelines

II. Moving towards Compliance A. Overview B. Methodology

III. Initial Adoption of Procedures A. Early Voting By-Mail Assistance B. Early Voting By-Personal Appearance Assistance C. Election Day Assistance Measures D. Targeting Precincts for Election Day Assistance

IV. Rating Success

V Media Advertising

VI. Consultations with the United States Department of Justice

VII. Summary

Appendices A.- Vietnamese Advisory Committee members B.- Memorandum of Understanding

2 3 EXECUTIVE SUMMARY

On July 26, 2002 Harris County was notified of new Vietnamese language minority requirements that apply to all election related forms, voting instructions, etc. that are used to disseminate information to the general public. All official documents, affidavits, and especially ballot language must be translated into the appropriate language. Language minority requirements are triggered based on a determination made by the United States Census Department. These determinations identify two possible criteria that may be met to require new language minority requirements, one is a population that makes up at least 5% of the jurisdiction or 10,000 individuals of a single language minority group possessing limited English proficiency. The latter criteria was used in the assessment of Harris County to trigger new language requirements. The Code of Federal Regulations outlines general responsibilities for each jurisdiction covered by minority language requirements and details how to properly establish a language assistance program. A properly structured program will consist of translated documents for processing voters, establishment of an advisory committee and an effective outreach program. Throughout the material published by the United States Department of Justice, and within the Code of Federal Regulations detailing Section 203, the desire for individual jurisdictions to develop responses unique to their needs is clear. Key components of a Section 203 program and the efforts undertaken by Harris County include: 1. Establishment of a Vietnamese Advisory Committee; 2. Development of Language Assistance Materials for all affidavits and election related publications; 3. Advertising, the Harris County Clerk publishes all legal notices and various display ads in the Vietnamese language; 4. Bilingual pollworker recruitment- Preliminary recruitment efforts have borne little fruit thus far, but recruitment efforts continue. 5. Vietnamese language ballots- eSlate now possesses the Vietnamese language and voters will be able to request a English/Spanish or English/Vietnamese ballot; While Harris County continues to lack any formal reports from the United States Department of Justice regarding the conduct of the 2003 City of Houston, METRO, Houston ISD, and Houston Community College Joint Election, Harris County has been encouraged to enter into a Memorandum of Understanding with the Department of Justice which outlines Harris County’s commitment to working in the community and outlining the various tasks that Harris County will be responsible for as part of an expanded Section 203 program. The initial Harris County Vietnamese language assistance program has been implemented for the past year and a half and while there have been some valuable achievements, the United States Department of Justice has expressed a desire for an aggressive pollworker recruitment effort and a communications strategy that will employ more resources and consist of an expanded advisory committee. The primary focus of Harris County’s Vietnamese language assistance program in the future for Harris County will incorporate an individual dedicated solely to the issues of the Vietnamese Community and who can respond appropriately to their questions and answers and increase the overall flexibility associated with Harris County’s efforts. It is the intent of the Harris County Clerk’s office to also pursue this type of endeavor in the Hispanic community as it constitutes 33% of the Harris County population versus 2% for the Vietnamese community. Harris County is not unique in this regard and while other jurisdictions have entered into such an agreement under threat of lawsuit and/or through a consent decree, the opportunity exists for Harris County to institute these measures proactively with the installation of two Coordinator positions, one dedicated to the Vietnamese community and the other dedicated to the Hispanic community.

2 3 Federal Guidelines: A published step-by-step guide to implementing Section 203 compliance measures is covered within the Code of Federal Regulations, 28 C.F.R. Part 55. Below is a summary of the major facets that should be incorporated in a Section 203 compliant program:

55.2 Purpose; standards for measuring compliance. Two basic standards are used by the United States Attorney General in measuring compliance: 1.) Materials and assistance should be provided in a way designed to allow members of applicable language minority groups to be effectively informed of and participate effectively in voting-connected activities; and 2.) An affected jurisdiction should take all reasonable steps to achieve that goal.

(c) The determination of what is required for compliance with section 4(f)(4) and section 203(c) is the responsibility of the affected jurisdiction. These guidelines should not be used as a substitute for analysis and decision by the affected jurisdiction.

55.9 Coverage of political units within a county. Where a political subdivision is determined to be subject to section 4(f)(4) or section 203(c), all political units that hold elections within that political subdivision (e.g., cities, school districts) are subject to the same requirements as the political subdivision.

55.15 Affected activities. Language minority requirements apply to the provision of “any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots.” This language should be broadly construed to apply to all stages of the electoral process, from voter registration through activities related to conducting elections.

55.16 Standards and proof of compliance. Compliance with the requirements of section 4(f)(4) and section 203(c) is best measured by results. A jurisdiction is more likely to achieve compliance with these requirements if it has worked with the cooperation of and to the satisfaction of organizations representing members of the applicable language minority group. In planning its compliance with section 4(f)(4) or section 203(c), a jurisdiction may, where alternative methods of compliance are available, use less costly methods if they are equivalent to more costly methods in their effectiveness.

55.18 Provision of minority language materials and assistance. (a) Materials provided by mail. If materials provided by mail generally to residents or registered voters are not all provided in the applicable minority language, the Attorney General will consider whether an effective targeting system has been developed. For example, a separate mailing of materials in the minority language to persons who are likely to need them or to residents of neighborhoods in which such a need is likely to exist, supplemented by a notice of the availability of minority language materials in the general mailing and by other publicity regarding the availability of such materials may be sufficient. (b) Public notices. The Attorney General will consider whether public notices and announcements of electoral activities are handled in a manner that provides members of the applicable language minority group an effective opportunity to be informed about electoral activities. (d) Polling place activities. The Attorney General will consider whether polling place activities are conducted in such a way that members of the applicable language minority group have an effective opportunity to vote. One method of acccomplishing this is to provide all notices, instructions, ballots, and other pertinent materials and oral assistance in the applicable minority language. If very few of the registered voters scheduled to vote at a particular polling place need minority language materials or 4 5 assistance, the Attorney General will consider whether an alternative system enabling those few to cast effective ballots is available.

(e) Publicity. The Attorney General will consider whether a covered jurisdiction has taken appropriate steps to publicize the availability of materials and assistance in the minority language. Such steps may include the display of appropriate notices, in the minority language, at voter registration offices, polling places, etc., the making of announcements over minority language radio or television stations, the publication of notices in minority language newspapers, and direct contact with language minority group organizations.

55.19 Written materials (a) Types of materials. It is the obligation of the jurisdiction to decide what materials must be provided in a minority language. A jurisdiction required to provide minority language materials is only required to publish in the language of the applicable language minority group materials distributed to or provided for the use of the electorate generally. Such materials include, for example, ballots, sample ballots, informational materials, and petitions. (b) Accuracy, completeness. It is essential that material provided in the language of a language minority group be clear, complete and accurate. In examining whether a jurisdiction has achieved compliance with this requirement, the Attorney General will consider whether the jurisdiction has consulted with members of the applicable language minority group with respect to the translation of materials. (c) Ballots. The Attorney General will consider whether a jurisdiction provides the English and minority language versions on the same document. Lack of such bilingual preparation of ballots may give rise to the possibility, or to the appearance, that the secrecy of the ballot will be lost if a separate minority language ballot or voting machine is used. (d) Voting machines. Where voting machines that cannot mechanically accommodate a ballot in English and in the applicable minority language are used, the Attorney General will consider whether the jurisdiction provides sample ballots for use in the polling booths. Where such sample ballots are used, the Attorney General will consider whether they contain a complete and accurate translation of the English ballots, and whether they contain or are accompanied by instructions in the minority language explaining the operation of the voting machine. The Attorney General will also consider whether the sample ballots are displayed so that they are clearly visible and at the same level as the machine ballot on the inside of the polling booth, whether the sample ballots are identical in layout to the machine ballots, and whether their size and typeface are the same as that appearing on the machine ballots. Where space limitations preclude affixing the translated sample ballots to the inside of the polling booths, the Attorney General will consider whether language minority group voters are allowed to take the sample ballots in the voting booths.

55.20 Oral assistance and publicity. (a) General. Announcements, publicity, and assistance should be given in oral form to the extent needed to enable members of the applicable language minority group to participate effectively in the electoral process. (b) Assistance. The Attorney General will consider whether a jurisdiction has given sufficient attention to the needs of language minority group members who cannot effectively read either English or the applicable minority language and to the needs of members of language minority groups whose languages are unwritten. (c) Helpers. With respect to the conduct of elections, the jurisdiction will need to determine the number of bilingual pollworkers that must be provided. In evaluating the provision of assistance, the Attorney General will consider such facts as the number of a precinct’s registered voters who are members of the applicable language minority group, the number of such persons who are not proficient in English, and the ability of a voter to be assisted by a person of his or her own choice. The basic standard is one of effectiveness.

4 5 Moving Towards Compliance

On July 26, 2002, Harris County was notified by the United States Department of Justice of new language requirements for its Vietnamese community. This requirement became effective upon July 26th and was triggered based on the determination made by the United States Department of Census that more than 10,000 of a single language minority group (Vietnamese) possessed limited English-proficiency. Minority languages were included as a covered minority under the Voting Rights of 1965 based on an amendment that was passed in 1975 and the addition of Section 203. Congress found the following to be the circumstances with regards to the issue of language in the United States, “through the use of various practices and procedures, citizens of language minorities have been effectively excluded from participation in the electoral process...The Congress declares that, in order to enforce the guarantees of the fourteenth and fifteenth amendments to the United States Constitution, it is necessary to eliminate such discrimination by prohibiting these practices. (DOJ, www.usdoj.gov). On August 26, 2002, the Harris County Clerk’s office convened the first of five meetings of the Harris County Clerk’s Vietnamese Advisory Committee that would be held prior to the conduct of the 2002 General Election, the first county election in which Harris County would be subject to these new language requirements. The Harris County Clerk’s Vietnamese Advisory Committee was structured to solicit feedback from representatives of the Vietnamese Community and to provide for a method of communication to the Vietnamese community on the procedures that would be made available to voters who need language assistance.

METHODOLOGY Data were initially gathered in partnership with the Harris County Tax Collector’s office to ascertain the relative densities of the Vietnamese voting population based on United States Census data. Unfortunately, the United States Census data did not isolate the Vietnamese community using voting precinct lines (defined as “VTD”, Voting Term District) thereby limiting the overall accuracy of the initial assessments. Using a threshold of greater than zero, all precincts containing at least one registered voter were reviewed and labeled as a targeted precinct for the purpose of providing language materials. Over 200 precincts were initially targeted based solely on individuals of Vietnamese descent and the corresponding Census information. Subsequent information was developed through a national data firm, Election Data Services, to develop a more accurate means for assessing densities of the Vietnamese language community and especially, those defined to possess limited English Proficiency. In addition to this information, Vietnamese surnames appearing on the Harris County registered voter roll were used to ascertain strengths for the Vietnamese community and this information correlated strongly with the information provided by Election Data Services. This listing of surnames has enabled the Harris County Clerk’s office to develop an initial roster of precincts/polling locations that would be possibly in need of Vietnamese language assistance.

6 7 Harris County, TX

2002 Precincts Percent of VAP who speak Vietnamese at home <5% 5-10% >10% Percent of Asian <5% VAP who do not speak English well 5-10% or at all >10%

VAP = Voting Age Population, 18+ years

Copyright 2003 Election Data Services, Inc. Above: Overview of Harris County Vietnamese population and legend reflecting percentage of Asian Voting Age Population who do not speak English well or at all and Percent of Voting Age Population who speak Vietnamese at home. Greater than 5% is standard for assessing areas of greatest need. Below: Closeup of Northwest Harris County. 0623 0828 0513 0757 0805 0837 0838 0451 0614 0479 0484 0478 0669

0602 Harris County, TX 0592 0113 0660

0519 0629 0516 0823 0799 0878 0481 0468 0549 0877

0125 0698 0875 0873 0641 0613 0358 0640 0480 2002 Precincts 0400 Percent of VAP who 0548 speak Vietnamese at home 0697 0713 0843 0864 <5% 5-10% >10% 0868 0518 0671 Percent of Asian <5% 0050 0759 VAP who do not 0366 0496 speak English well 5-10% 0467 or at all 0495 0687 >01800% 0609 0855 VAP = Voting Age Population, 18+ years 0512 0753 0723 0494 0642 0628 0859 0861 0074 0593 0767 0594 0147 0169 0661 0109 0364 0848 0622 0398 0771 0701 0157 0260 0498 0155 02460450 0322 0576

6 7 0857 0040 0193 0194 0247 0218 0527 0210 0389 0871 0860 0085 0072 0066 0540 0136Ha039r0 ris County, TX 0 0343 0154 0226 0140 0228 0301 0777 0190 0023 0094 0786 0156 0219 0235 0181 0067 0526 0394 0035 0191 0180 0188 0231 0785 0031 0538 0203 223 0404 0211 0708 0277 0221 0236 0766 0172 0278 0267 0238 0822 0142 0329 2002 Preci0n5c64ts 0573 0285 0872 0237 0419 Percent of02V9A5 P who sp00e6a8k Vietnamese at home 0036 0275 0242 0276 0239 0379 <5% 5-10% >10% 0308 0029 0093 0770 0348 Percent of Asian <5% 0288 VAP who do not 0158 0240 0762 0763 speak English well 5-10% 0134 0280 0294 0793 0752 or at all 0392 0132 0289 >10% 0257 0328 VAP = Voting Age P0o3p3u6lation, 18+ years 0271 0607 0422 0347 0243 0077 0755 0402 0849 0355 0418 0536

0801 0715

0076 0842 0630 0774 0417 0654 0476

Above: Close-up of Southeast Harris County. Below: Close-up of Southwest Harris County.

0761 0209 0095 0305 0265 0511 0483 0441 0730 0274 0706 0309 0388 0118 0213 0258 0439 0269 0437 0438 0575 0440 046H1 arris County, TX 0626 0273 06 0303 0234 0499 0385 0435 0645 0356 0395 0504 0434 0492 073 0711 0510 0493 0313 0684 0130 0129 0436 0491 0625 0727 0572 0312

0839 0272 0178 017 0559 0807 0298 0569 0282 0432 0765 0433 0620 0570 0558 0566 0814 0345 0421 0882 0431 01 0624 0297 0214 0215 0600 0507 0567 0539 0508 0430

0524 0647 0487 0546 0808 0335 0646 0503 0296 0826 0338 0311 0426 0268 0182 0773 0256 0300 0143 0128 0781 0284 0457 0427 0686 0831 0316 0869 0008 0304 0176 0565 0557 0425 0819 0428 0429 0788 0314 0685 0317 00 0829 0281 2002 Precincts 0556 0315 0488 0597 0403 0255 0490 0424 Percent of VAP who 0555 0649 0359 0693 speak Vietnamese at home 0627 0489 0525 0014 0146 <5% 5-10% >10% 0554 0291 0287

Percent of Asian <5% 0293 0384 0453 VAP who do not 0462 0652 speak English well 5-10% 0638 0022 or at all 0372 0458 >10% 0506 VAP = Voting Age Population, 18+ years

8 9 Initial Adoption of Procedures

Based on the advice and consent of the Harris County Clerk’s Vietnamese Advisory Committee, the following procedures were adopted in the months preceding the November 5, 2002 General Election and subsequently precleared by the United States Department of Justice: Early Voting By-Mail Assistance: The initial assessment of the Vietnamese population densities in Harris County and lack of accurate data existing at the voter precinct level led to the decision that all by-mail recipients residing in voting precincts possessing at least one Vietnamese resident would receive a Vietnamese packet of translated materials and a Vietnamese/English sample ballot to assist in the voting process. Regardless of surname, each voter applying for a ballot-by-mail who resides in one of the two-hundred twenty-three (223) precincts possessing at least one Vietnamese resident would receive this packet of information. In addition to this packet of translated forms being made available to roughly 25% of all voting precincts and their by-mail voters, all remaining ballot-by-mail recipients, regardless of surnames, received a general notice of availability for Vietnamese translated forms based on their own individual needs and to establish an additional avenue for obtaining language assistance. Vietnamese/English versions of applications for a ballot-by-mail were made available to all interested individuals and were circulated among the political parties, campaigns, as well as the Vietnamese Community. Early Voting By-Personal Appearance Assistance:

Prior to the mandate of Vietnamese language requirements, the Harris County Clerk’s office already provided language assistance through the use of bilingual (Vietnamese/English) pollworkers at particular early voting locations in Harris County based on feedback provided by early voting officials and understanding of local demographics in the vicinity of early voting locations such as Alief Regional Library. In preparation for the early voting period in the State of Texas (Early Voting permits voters to vote at any one of thirty (30) early voting locations two weeks prior to an election), the County Clerk’s office completed the translation/preparation of the following materials: 1. Voter Education tape- Use of trilingual orientation tape on the use of the eSlate voting system prior to all voters entering early voting location; 2. Voter Instructions- Development of supplemental flyers in Vietnamese on how to use the eSlate voting system; 3. Vietnamese Language Assistance Kit- Assemblage of various forms and affidavits necessary for voters to use to verify eligibility prior to acceptance for voting; 4. Vietnamese Language Ballot Template- At the time of the adoption of Section 203 procedures, the eSlate voting system was unable to reflect the Vietnamese language directly on each of the voting units. While not the preferred method, one method that was permissible within the Section 203 compliance guidelines was the provision of a “template” that provides a translation in exactly the same format as the ballot appears in English and Spanish which Vietnamese voters are permitted to take into the polling booth as permitted under Texas state law. 5. Vietnamese Language Sample Ballots/Prescribed Signage-As required under Texas state law and applicable to the use of Spanish language materials, all prescribed notices and signage were translated and posted in each of the early voting locations. 8 6. Appointment of bilingual early voting9 personnel where necessary; 7. Phone assistance made available for general inquiries and assistance throughout month preceding election.

Election Day Assistance Measures: Based on the findings from the listing of Vietnamese surnames and the data gathered by Election Data Services, it was determined that an aggressive response was necessary to provide the proper level of Section 203 Compliance in election day polling locations. Due to the outdated nature of the United States Census department data in 2002 and the possibility of a voter of Vietnamese descent moving from a particular area after the release of Census information, it was determined that all polling locations open during a general election day would have all of the necessary translated forms and election related documents to properly assist Vietnamese voters. In order to lessen confusion and difficulty with using unique election related forms for Harris County, a Vietnamese Language Assistance Kit was developed containing translations of all of the forms that may need to be employed during the verification process of a voter’s eligibility on election day while the voter executed the official documents provided in English and Spanish. In addition, all other official notices required to be posted in the polling place pursuant to the Texas Election Code were translated and accommodated in either a trilingual or monolingual format. In preparation for the November 5, 2002 General Election, the need for bilingual pollworkers was evident as many election judges who are charged with appointing their clerks, were not aware of the new language requirements. In order to assist them in this recruitment process, a mailing to all Vietnamese surnamed households was conducted which detailed, in English and Vietnamese, what type of language assistance to anticipate at the polling place. Election Day assistance measures were very similar to early voting measures and included the following: 1. Voter Education tape- Use of trilingual orientation tape on the use of the eSlate voting system. 2. Voter Instructions- Development of flyers in Vietnamese on how to use the eSlate; 3. Vietnamese Language Assistance Kit- Assemblage of various forms and affidavits necessary for voters to use to verify eligibility prior to acceptance for voting; 4. Vietnamese Language Ballot Template- At the time of the adoption of Section 203 procedures, the eSlate voting system was unable to reflect the Vietnamese language directly on each of the voting units. While not the preferred method, one method that was permissible within the Section 203 compliance guidelines was the provision of a “template” that provides a translation in exactly the same format as the ballot appears in English and Spanish which Vietnamese voters are permitted to take into the polling booth as permitted under Texas state law. 5. Vietnamese Language Sample Ballots/Prescribed Signage-As required under Texas state law and applicable to the use of Spanish language materials, all prescribed notices and signage were translated and posted in each of 720 election day polling locations. 6. Appointment of bilingual election day personnel where necessary and when available; 7. Phone assistance made available for general inquiries and assistance throughout month preceding election.

Targeting Precincts for Election Day Assistance: With no infrastructure in place prior to July, 2002 for the recruitment of pollworkers, a pollworker application was developed and distributed to members of the Vietnamese community. This same application was included within the mailing to 16,000 Vietnamese households prior to the November 5, 10 11 2002 General Election. All of these efforts yielded only a total field of 43 applicants in preparation for the 2002 General Election. As seen with the issue of pollworker recruitment in general, the issue of availability, long hours, low pay and an unwillingness to work outside the voter’s immediate neighborhood continue to be a substantial problem for individuals initially expressing interest and agreeing to work the polls during early voting or on election day. Twenty-two (22) bilingual pollworkers were placed in precincts which had 100 plus registered Vietnamese voters. One- hundred was used as the initial benchmark based on our report reflecting the frequency (density) of Vietnamese surnames. On Chart A below you will find a listing of precincts (prior to the adjustment of precinct lines with redistricting) that reflect the density of Vietnamese surnames. All precincts that received Vietnamese bilingual pollworkers are highlighted in yellow, this initial report was pulled from the voter registration roll as of April 2002:

Chart A Precinct Number of Voters 0508 485 0649 448 0557 376 0428 324 Precinct Assignments 0211 294 for November 2002 0647 291 0697 270 Harris County 0300 267 General Election of 0338 247 0689 236 Vietnamese/English 0654 234 bilingual pollworkers. 0036 220 0614 195 0507 189 Total Precincts: 20 0773 189 0468 185 Percentage of 0842 180 Precincts (889): 2.2% 0622 172 0609 167 0467 165 Vietnamese Registered 0311 161 0260 156 Voters*: 1.9%* 0417 156 *est. 35,000 out of 1.8 million 0593 155 0545 153 *Precincts possess either just 0723 149 under or just over 100 Vietnamese 0627 144 surnamed voters. 0613 143 0620 140 **Total number of Precincts with 0536 139 100+ voters as of April 2002 is 95. 0646 138 0687 137 0765 136 0426 125 *0475 101 *0453 94

10 11 RATING SUCCESS Any attempt to rate the success of Harris County’s Vietnamese program must take into account the election environment in the State of Texas. Under Texas law, the Harris County Clerk possesses discretionary authority when contracting to conduct a political subdivision’s election. Under each election services contract, each respective political subdivision remains responsible for filing its own Section 5 preclearance submission to the United States Department of Justice as required under the Voting Rights Act. Included within this Section 5 requirement is any change in election procedures, such as language assistance. Only two (2) elections have fallen directly under the authority of the Harris County Clerk’s office since the July 2002 notification of Vietnamese language requirements, the November 5, 2002 General Election and the September 13, 2003 State Constitutional Amendment Election. The Harris County Clerk has received various inquiries into the applicability of Section 203 requirements on various entities within Harris County. All individual political subdivisions are responsible for adopting the necessary procedures to comply with Vietnamese language requirements in addition to any compliance measures inherited when contracting for the conduct of an election. This type of election environment separates the State of Texas from other states that mandate the county elections office to conduct various elections for political subdivisions and are the primary, if not sole, respondent for election violations and compliance with the Voting Rights Act. Only with a proper understanding of the decentralized nature of elections in the State of Texas and Harris County is a review of the Vietnamese minority language assistance program approachable. Our success from the November 2002 General Election reflects polling place assignments for bilingual (Vietnamese/English) pollworkers that is relative to the percentage of the population. Having said this, the Harris County Clerk’s office recognizes that other precincts possessing high levels of Vietnamese voters may need language assistance provided by polling officials. While phone assistance is an available means of providing assistance, it should certainly not be construed as a panacea for compliance with Section 203 although it is seen as an acceptable means for a backup measure. As listed in the published Code of Federal Regulations, one of the critical features to bilingual assistance is one of effectiveness. One would be remiss not to identify one of the more effective means of providing assistance which consists of educating the Vietnamese community on the permissibility of bringing family members or friends to the polls to provide language assistance. This would address an issue that arose after the conduct of the 2002 General Election. With the additional recruitment efforts undertaken by our office and the number of placements, roughly 25% of the polling places assigned a bilingual (Vietnamese/English) pollworker experienced a complaint on the availability or level of quality of assistance. Under Texas State law, all election clerks must be proficient in English in order to communicate with the Presiding Election Judge and other voters. Complaints received from voters and/or campaigns ranged in severity from bilingual pollworkers not being immediately available to circumstances in which the voter felt the level of assistance was too aggressive. Other complaints came from voters and pollworkers alike regarding the general English proficiency of some bilingual clerks and the difficulty in communicating with them. With the use of certified translators in polling places not a employable alternative based on current pay scales, additional quality measures will need to be instituted to verify English proficiency as well as separate training sessions on acceptable levels of assistance. Other issues stemming from the initial implementation of our Vietnamese language assistance program include the accuracy of translated materials. The Harris County Clerk’s office continues to receive comments regarding perceived inaccuracies of translations. Throughout the process, the County Clerk’s office has received feedback on translations from members of the Vietnamese Advisory Committee and the general public and followed up on any issues indicating a possible problem. A few adjustments have been necessary to correct grammatical mistakes and other circumstances, but the overall problem continues to focus on the development of legal translations versus translations used for the purpose of communications. Legal translations of various election related affidavits are subject to certain standards for reading levels and accuracy. While some terms or language usage may not be easily understood and may be difficult to 12 13 carry over in a translation, the fundamental problem appears to focus on the issue of semantics. The original translation firm employed by the County Clerk, Transcend, was based out of California and is a translation firm used by various government offices throughout the United States and was used for the initial development of legal translations. All of the official affidavits and forms were sent to Transcend for translation, but due to the implementation timeline for translated materials, LanguageUSA, Inc., a local firm was employed to meet the ever shortening election preparation timetable. One of the best methods for assessing success of the initial program instituted for Section 203 compliance is a review of voting trends between the 2002 General Election, the first in which language assistance was employed, and that of 1998, the last comparable gubernatorial election. While individual precincts numbers may vary as a result of redistricting, a positive trend can be seen indicating that even with an expanded number of Vietnamese workers present, the level of assistance provided throughout the initial adoption of Section 203 measures reflects the election process remained open and did not serve as a deterrent or as an obstacle to the exercise of voting rights. Table 1: Vietnamese Turnout during the last two gubernatorial election cycles for comparison purposes (pre and post Section 203 enactment) 2002 Primary Election 2002 General Election Vietnamese Voters: 19,635 Vietnamese Voters: 21,776 Vietnamese Turnout: 620 Vietnamese Turnout: 6,779 Vietnamese Turnout %: 3.2 Vietnamese Turnout %: 31.1 CountyWide %: 10.1 Countywide %: 35.01

1998 Primary Election 1998 General Election Vietnamese Voters: 9,334 Vietnamese Voters: 10,530 Vietnamese Turnout: 176 Vietnamese Turnout: 2,848 Vietnamese Turnout %: 1.89 Vietnamese Turnout %: 27.0 CountyWide %: 7.0 Countywide %: 31.3 *As of February 2004, Vietnamese Active Voters total 25,804 or 1.7% of all active voters in Harris County. **Statistics developed using surname listing provided in cooperation with Vietnamese Advisory Committee participants and VN Teamwork ***All statistics gathered using statistics from the Harris County Clerk’s office.

Using Table 1 (above) as an indicator, voter registration in the Vietnamese community has risen 56.6% in the last six years. At the same time, turnout levels have stayed consistent with regards to the county general elections leveling out at four percentage points lower than the county’s overall turnout level in both 1998 and 2002. Even with the sharp rise in voter registration, the elections process appears to be one that is broad enough at the moment to maintain the same level of service to the Vietnamese community. Looking at the primary elections, turnout is substantially less than the overall county which is much more of an indicator of involvement in the political party process rather than an indication of overall voter enfranchisement.

MEDIA ADVERTISING During the 2002 General Election season, Harris County unveiled its new eSlate voting system and as part of this effort incorporated a substantial media push regarding elections and the use of the new eSlate. In the fall of 2002, the Harris County Clerk published various display ads in African-American and Hispanic newspapers as well as various Vietnamese/Asian community newspapers. In addition, members of the Harris County Clerk’s office partnered with members of the Vietnamese Advisory Committee for various outreach events and demonstrations of the eSlate voting system. Members of the Vietnamese Advisory Committee also became members of the Speaker’s Bureau program and dedicated themselves to being on-hand to handle various demonstrations. VN Teamwork, a local Vietnamese community organization, has provided semi-permanent housing for a demonstration unit of the eSlate 12 13 for individuals in the most heavily populated Vietnamese community in Harris County. The required legal notices in Harris County have continued to be published in the Houston Chronicle as the publication of record in accordance with Texas election law, but future efforts in anticipation of the 2004 General Election will focus on Vietnamese publications for additional information regarding language assistance procedures and general election information. Table 2: HarrisVotes! Vietnamese Community Ad Buy Details-Fall 2002

Asian/English Language Circulation Ad size Total Cost Voice of Asia (English) 6000 1/4 page $210.00 Indo-American News 2500 1/4 page/6x6; 3.25” x 10” $130.00 Southern Chinese Daily News 25,000 1/4 page 5.7” x 10.2” $408.00

Vietnamese Language Circulation Ad size Total Cost Dep Weekly Magazine (Viet) unknown 7.3” x 9.5” $1,200.00 Viet Nam Daily News 10,000 6.25 x 10.25 $250.00 Ngay Nay (Vietnamese) 17,000 6.75” x 10.25” $280.00 In addition to the ads listed above, the Harris County Clerk’s office also published all legal notices in the Houston Chronicle and instituted various publications for dissemination the Vietnamese language. Appearances on local Vietnamese radio outlets also supplemented the overall outreach effort by the Harris County Clerk’s office.

Celebrate Your Freedom,

Become a Harris County Poll Worker!! Alternate Judge of each

When necessary, your name will

What is involved in becoming a Poll Worker? The Harris County Clerk is currently recruiting individuals to work the polls on Election Day throughout Harris County. Individuals with bilingual skills in either Vietnamese or Spanish are in great demand. Each year, the Democratic and Republican parties submit names for appointment as the Presiding or . Election Day normally begins precinct. As each election approaches, many of these judges call into our office requesting additional assistance and names of those individuals who might be interested in working the polls. be submitted for appointment for service on Election Day. Each Judge will be responsible for notifying you of your appointment. To be eligible for appointment as an Election Clerk, you must be a registered voter within Harris County.

What are the hours of service? �983 or by Poll Workers serving in the general position of clerk may come and go as they wish as long as a replacement arrives to continue working the polling location. Your exact hours of service should be worked out with your Election Judge, but it is always preferred that you serve the entire Election Day ’s office via fax at 713.755. at 6:00 a.m. and does not finish until 8:00 p.m. (Voting occurs between 7:00 a.m. and 7:00 p.m.). Each clerk planning on working the entire day should plan on bringing their lunch to polling.O. location Box 1525 with Houston, them. TX 77251-1525

I hate to ask, but how much do I get paid if I’m appointed? All Election Clerks receive $6.00/hour. Presiding Judges receive $7.50/hour plus $25.00 for attending a training course conducted by the Harris County Clerk and returning election equipment and supplies on election evening. The position of Presiding Judge will only be appointed by the County Clerk when time does not permit the normal appointment process.

Please mailcomplete to Beverly section B. below Kaufman, and return Harris completed County Clerk, portion Elections to Harris Divi Countyson, P Clerk POLL WORKER APPLICATION-BEVERLY B. KAUFMAN HARRIS COUNTY CLERK

Last Name:______First Name:______M. Initial:____ Date of Birth: ____/____/_____ Residential Address(Address where you are registered to vote): Vietnamese (Check all that apply) (Clockwise) 1.) Pollworker application used Address:______Phone Number:____-______City, State:______Zip Code Date:____/____/_____ Mailing Address(if different from above):______for recruitment purposes, 2.) Webshot of Harris Social Security Number:____-___-_____ Are you a registered voter? Yes No Would you be willing to travel to work at a polling place? Yes No County Clerk’s elections website as it appears If so, how far would you be willing to travel?______Are you able to speak one of these languages? Spanish in Vietnamese. Signature:______

14 15 SAMPLE BALLOT LAÙ PHIEÁU MAÃU ENGLISH-VIETNAMESE GENERAL AND SPECIAL ELECTIONS TOÅNG TUYEÅN CÖÛ VAØ CAÙC CUOÄC BAÀU CÖÛ ÑAËC BIEÄT HARRIS COUNTY, TEXAS QUAÄN HARRIS, TEXAS November 5, 2002-Ngaøy 5 Thaùng Möôøi Moät, 2002 All Precincts- Taát Caû Khu Baàu Cöû

Instruction Note: United States Representative, Lieutenant Governor Justice, Supreme Court, Place 2 TO VOTE: Mark the ballot by placing an “X” in District 9 Phoù Thoáng Ñoác Thaåm Phaùn, Toái Cao Phaùp Vieän, the square beside your candidate or proposition choices. Daân Bieåu Hoa Kyø, Ñòa Haït 9 David Dewhurst Gheá 2 Paul Williams REP Dale Wainwright Chæ Daãn: Boû phieáu cho öùng cöû vieân hoaëc döï luaät theo yù quyù vò REP John Sharp REP trong moãi cuoäc baàu cöû baèng caùch ñaùnh daáu “X” vaøo oâ Nick Lampson DEM Jim Parsons beân traùi cuûa teân öùng cöû vieân. DEM Mark David Gessner DEM TO VOTE STRAIGHT PARTY: You may cast a Dean L. Tucker LIB Brad Rockwell straight-party vote (that is, cast a vote for all the LIB Nathalie Paravicini GRN nominees of one party) by placing an “X” in the United States Representative, GRN square next to the name of party of your choice. If Justice, Supreme Court, Place 3 you cast a straight-party vote for all the nominees District 18 Attorney General (Unexpired Term) of one party and also cast a vote for an opponent Daân Bieåu Hoa Kyø, Ñòa Haït 18 Toång Chöôûng Lyù Thaåm Phaùn, Toái Cao Phaùp Vieän, of one of that party’s nominees, your vote for the opponent will be counted as well as your vote Phillip J. Abbott Greg Abbott Gheá 3 (Nhieäm Kyø Chöa Heát Haïn) for all other nominees of the party for which the REP REP Wallace B. Jefferson straight-party vote was cast. Sheila Jackson Lee Kirk Watson REP TO CAST A WRITE-IN VOTE: You may vote for a DEM DEM William E. Moody write-in candidate by placing an “X” in the square Brent Sullivan Jon Roland DEM to the left of the write-in choice and entering the name of the candidate you wish to write-in. LIB LIB Justice, Supreme Court, Place 4 United States Representative, David Keith Cobb (Unexpired Term) Baûn Höôùng Daãn: District 22 GRN ÑEÅ BOÛ PHIEÁU: Ñaùnh daáu “X” vaøo oâ vuoâng beân caïnh Thaåm Phaùn, Toái Cao Phaùp Vieän, öùng cöû vieân hoaëc ñeà luaät maø quyù vò choïn trong laù Daân Bieåu Hoa Kyø, Ñòa Haït 22 Comptroller of Public Accounts Gheá 4 (Nhieäm Kyø Chöa Heát Haïn) phieáu. Kieåm Soaùt Vieân Caùc Tröông Muïc Coâng Tom DeLay Steven Wayne Smith Carole Keeton Rylander ÑEÅ BOÛ PHIEÁU CHO TAÁT CAÛ CAÙC ÖÙNG CÖÛ VIEÂN REP REP CUÛA MOÄT ÑAÛNG: Quyù vò coù theå boû phieáu cho taát Tim Riley REP Margaret Mirabal caû caùc öùng cöû vieân cuûa moät ñaûng baèng caùch ñaùnh daáu DEM Marty Akins “X” vaøo oâ vuoâng beân caïnh teân cuûa ñaûng maø quyù vò löïa DEM choïn. Neáu quyù vò boû phieáu cho toaøn boä öùng cöû vieân Gerald W. “Jerry” LeFleur DEM Judge, Court of Criminal Appeals, cuûa moät ñaûng vaø cuõng boû phieáu cho ñoái thuû cuûa moät LIB Bowie Ibarra Place 1 trong nhöõng öùng cöû vieân cuûa ñaûng ñoù, laù phieáu baàu Joel West LIB cho ñoái thuû ñoù cuõng seõ ñöôïc tính nhö laø laù phieáu baàu Thaåm Phaùn, Toøa Khaùng Caùo Hình Ruben L. Reyes cho taát caû caùc öùng cöû vieân cuûa ñaûng kia. GRN Söï, Gheá 1 United States Representative, GRN ÑEÅ BOÛ PHIEÁU CHO ÖÙNG CÖÛ VIEÂN KHOÂNG COÙ Tom Price District 25 Commissioner of the General TRONG DANH SAÙCH: Quyù vò coù theå boû phieáu cho REP öùng cöû vieân khoâng coù trong danh saùch baèng caùch ñaùnh Daân Bieåu Hoa Kyø, Ñòa Haït 25 Land Office John W. Bull daáu “X” vaøo oâ vuoâng ôû phía beân traùi muïc löïa choïn Tom Reiser UÛy Vieân Toång Vaên Phoøng Ñaát Ñai khoâng coù trong danh saùch vaø ghi teân cuûa öùng cöû vieân DEM Jerry Patterson maø quyù vò muoán ñöa vaøo baàu choïn. REP Stephan Kinsella REP Straight Party Chris Bell LIB David Bernsen Baàu heát cho moät Ñaûng DEM Robert C. (Rob) Owen DEM Republican Party Guy McLendon GRN LIB Barbara A. Hernandez Ñaûng Coäng Hoøa Judge, Court of Criminal Appeals, George Reiter LIB Democratic Party Place 2 GRN Michael B. McInerney Ñaûng Daân Chuû Thaåm Phaùn, Toøa Khaùng Caùo Hình United States Representative, GRN Libertarian Party Söï, Gheá 2 District 29 Commissioner of Agriculture Ñaûng Töï Do Daân Bieåu Hoa Kyø, Ñòa Haït 29 UÛy Vieân Noâng Nghieäp Paul Womack Green Party REP Gene Green Susan Combs Ñaûng Xanh Pat Montgomery DEM REP United States Senator DEM Paul Hansen Tom Ramsay Thöôïng Nghò Só Hoa Kyø SAMPLE BALLOT Judge, Court of Criminal Appeals, LIB LAÙ PHIEÁU DEM MAÃU Place 3 John Cornyn United States Representative, Vincent J. May Thaåm Phaùn, Toøa Khaùng Caùo Hình REP District 31 LIB Ron Kirk Daân Bieåu Hoa Kyø, Ñòa Haït 31 Jane Woodward Elioseff Söï, Gheá 3 DEM John R. Carter GRN Cathy Cochran Scott Lanier Jameson REP Railroad Commissioner REP LIB David Bagley UÛy Vieân Hoûa Xa J.R. Molina Roy H. Williams DEM Michael L. Williams DEM GRN Clark Simmons REP Ollie Ruth Jefferson Write-In LIB Sherry Boyles GRN Ghi teân öùng cöû vieân löïa choïn John S. Peterson DEM Member, State Board of Education, ______GRN Nazirite R. Flores Perez District 4 United States Representative, R.C. Crawford LIB UÛy Vieân, Hoäi Ñoàng Giaùo Duïc Tieåu District 7 IND Charles L. Mauch Bang, Ñòa Haït 4 Daân Bieåu Hoa Kyø, Ñòa Haït 7 Governor GRN Alma A. Allen John Culberson Thoáng Ñoác Chief Justice, Supreme Court DEM REP Rick Perry Thaåm Phaùn Chuû Tòch, Kurt R. Kessler Drew Parks REP Toái Cao Phaùp Vieän LIB LIB Tony Sanchez Tom Phillips Member, State Board of Education, Write-In DEM REP District 6 Ghi teân öùng cöû vieân löïa choïn Jeff Daiell Richard G. Baker UÛy Vieân, Hoäi Ñoàng Giaùo Duïc Tieåu ______LIB DEM Bang, Ñòa Haït 6 Rahul Mahajan Eugene J. Flynn Terri Leo United States Representative, GRN LIB REP District 8 Write-In Justice, Supreme Court, Place 1 Member, State Board of Education, Daân Bieåu Hoa Kyø, Ñòa Haït 8 Ghi teân öùng cöû vieân löïa choïn Thaåm Phaùn, Toái Cao Phaùp Vieän, District 7 Kevin Brady ______Gheá 1 UÛy Vieân, Hoäi Ñoàng Giaùo Duïc Tieåu REP Mike Schneider Bang, Ñòa Haït 7 Gil Guillory REP David Bradley LIB Linda Yanez REP Richard Hargrove N DEM höõn Quanah Parker DEM g Ba LIB William J. McNicoll C ùnh huû ñ xe D LIB Na ang aân êm B Qua 1 VOTE BOTH SIDES (BOÛ PHIEÁU CAÛ HAI MAËT) d öôùc y uïng Gia He ûn dò Ñie ä tho khi S än tö áng B öû û cuûa oû p Heä thoáng giuùp taát caûQ caùc cöû tri hboûieáu uaän H phieáu moät caùch an toaøn, chính axaùc,rr Samples of various outreach/ höõu hieäu vaø khoâng caàn ngöôøi giuùp ñôõ.is Khi ñ �� i bo informational materials (clockwise): Duøng baùnhû p hxei SELECT [CHOÏN] ñeå eáu, b löïa choïn. aïn n eân n � I �� Baám nuùt ENTER [ROÀI] ñeå ghi laïih caùcôù: löïa choïn cuûa mình 1.) Sample ballot in Vietnamese/English 2.) �� Ñoïc laïi trang SUMMARY [TOÙM LÖÔÏC] thaät kyõ caøng. Ñoù laø caùch ñeå Ballot template for use by Vietnamese voters ÐÍCH THÂN T M baïn ñöôïc bieát chaéc chaén laø taát caû caùc � vieäc mình ñaõ laøm ñeàu ñuùng caùch. �U S CHO ��BaámT nuùt CAST BALLOT [BOÛ PHIEÁU] in lieu of Vietnamese appearing on the �C BI khi thaáy moïi chi tieát ñeàu ñuùng. � Ð �� PHI �U C Khi nhìn thaáy laù CÔØ HOA KYØ hieän ra B �C B �I treân maøn hình môùi laø luùc baïn ñaõ laøm eSlate 3.) Vietnamese language bookmarks CU S�A Ð xong thuû tuïc. G TÁM, 2003 Nhö N PHÁP õng N HI� Ngaøy 9 thaùngga Ba, 2004 to be circulated in 2004 4.) Sample buscard øy Ba T àu c M, NGÀY 28 THÁN oång öû N N� �I- Tuy aêm 2 � -T Ngaøy 12 thaùngeån c Tö, 2004 00 TH NG: öû Sô 4 �� boä which appeared on METRO buses serving Taùi T uyeån , Ngaøy2003 1 thaùng cö Naêm,û S 2004 ô bo BA, NGÀY 9 THÁNG CHÍN, 2003 T ä � � THÔNG TH uyeån the Vietnamese community. 5.) Vietnamese TH Ñ cöû N U C òa ph haân � öôn vieân Ngaøy 2 thaùngg Möôøi Moät, H a2004øn h ph , 13 THÁNG CHÍN T aùp NGÀY B �Y oång T language early voting poster B * Ñeå coù ñuûu ñieàuyeån kieän ñi baàu, cö daân phaûi ghi � cöû U TH �C danh ñi baàu 30 ngaøy tröôùc moãi kyø baàu cöû. � � 30 CHI �U Muo �I 4 GI � LÀM VI án bi � 30 CHI GI Goïi soá 713-368-POLLeát th (7655) hoaëc vaøo maïng� SÁNGñieän toaùn www.harrisvotes.orgeTâm� c I 4 GI 8 GI hi tie � � SÁNG T � Lát : 8 GI �A NGH � L� ÐÓNG C �A NGH � � L ��I 28 THÁNG TÁM, 2003003 ÐÓNG C A NGH � T� 29 THÁNG TÁM, 2003 � I 7 GI I �M 003 ÐÓNG C � � T� � N SÁNG T I 7 GI I TH 30 THÁNG TÁM, 2 03 7 GI� � � T� � SÁU 31 THÁNG TÁM,N, 220 � SÁNG T I 7 GI I TH �Y 7 GI � � T� � B SÁNG T I 7 GI I TH �T 1 THÁNG CHÍ 7 GI� � � T� � NH SÁNG T I 7 GI �U CH 2 THÁNG CHÍN, 2003 7 GI� � � CHI � HAI 3 THÁNG CHÍN, 2003 � SÁNG T �I 6 GI I TH 7 GI �U T � T� � BA 4 THÁNG CHÍN, 2003 � CHI I 7 GI I TH 1 GI � � T� � � T� SÁNG T I 7 GI �� TH M 5 THÁNG CHÍN, 2003 7 GI� � � N� SÁNG T TH 6 THÁNG CHÍN, 200303 7 GI� � SÁU N, 20 TH Y 7 THÁNG CHÍN, 2003 � B� TH �T 8 THÁNG CHÍ CH� NH 9 THÁNG CHÍN, 2003 � HAI TH M NÀO. BA U S� TH� PHI� M B� A ÐI� � Ð� �I. I B�T C � THAY Ð U T� PHI� �U CÓ TH � B� � PHI �M B �A ÐI C� TRI CÓ THCÁC Ð �� A BÀ BEVERLY B. KAUFMAN, V�N PHÒNG C�N, HARRIS COUNTY, TEXAS � KÝ QU 14 TH 15 CONSULTATIONS WITH THE UNITED STATES DEPARTMENT OF JUSTICE Beginning soon after notice of the new language requirements in Harris County, representatives from the United States Department of Justice were on-hand for general consultation on the implementation of Section 203 requirements. Using the published guidelines available, Harris County set out with the development of its Section 203 compliance procedures and received preclearance on the adopted procedures that were in place for the 2002 Harris County General Election. The Harris County Clerk’s office anticipated having Vietnamese appear directly on the eSlate voting unit in 2003, but due to delays in the certification process, Harris County was unable to deploy an eSlate that would permit the Vietnamese language to appear. While not the preferred method, the use of the Vietnamese/English template continued and was in place for the conduct of the November and December 2003 City of Houston elections. As of January 2004, Harris County’s eSlate voting system now possesses the capability of having Vietnamese ballot language appear directly on each of the units. After the initial implementation phase of Harris County’s Section 203 procedures, it has been the desire of the Harris County Clerk’s office to expand on the foundation that has been set. This effort will entail increased communications on the overall election environment, increased recruitment efforts of bilingual pollworkers and the conduct of town hall meetings for members of the Vietnamese language community to attend. Future efforts will involve an overall aggressive approach of informing Vietnamese voters of their individual voting rights, the availability of language assistance, and any recourses available to them if they feel their voting rights have been infringed upon. During the conduct of the November and December 2003 Joint Election, various attorneys from the Department of Justice, in cooperation with the Harris County Clerk’s office, were permitted to visit polling places to determine the level of assistance available and the overall success of Harris County’s efforts. In the absence of any formal report, the County Clerk’s office has been advised of the United States Department of Justice’s desire for the County Clerk to enter into a Memorandum of Understanding (Appendix B) which underscores the need for an aggressive approach for Vietnamese voter education through the advent of a full-time position dedicated to communications with the Vietnamese language community. The “Coordinator” position, as it is referred to in the Memorandum of Understanding, would be responsible for facilitating all Vietnamese Advisory Committee meetings and its expansion, further development of pollworker recruitment efforts, and overall communications and functions to be determined in the best interest of Harris County and Section 203 of the Voting Rights Act. Other jurisdictions have put full-time coordinator positions in place at the behest (or decree) of the United States Department of Justice. These jurisdictions include the City of Lawrence, Massachusetts and Bernalillo County, New Mexico. This model has also been set forth in large urban jurisdictions such as Los Angeles and Orange counties in California. SUMMARY Harris County has developed its initial procedures for complying with Section 203 of the Voting Rights Act over the past year and a half. Although the initial core is in place, it is important to note that the changing demographic structure in Harris County, and not the failure of our Section 203 procedures, necessitates new approaches and a new ability to institute communication strategies that must be constantly evolving. The incorporation of a full-time Coordinator for the Vietnamese community will expand on the initial language assistance measures in place and stave off any potential lawsuits from the Department of Justice based on perceived deficiencies. The Secretary of State has recognized the Vietnamese language assistance issue as applicable solely to Harris County so the issue of voting rights violations and any recourses available to the voter must be proactively communicated to the Vietnamese community through the use of a full-time Coordinator position as Harris County approaches the 2004 General Election. It is this same model that will be recommended for the development of an Hispanic outreach effort and the institution of an additional Coordinator position dedicated to Hispanic election related issues and information on individual voting rights. 16 17 APPENDICES

16 17 APPENDIX A

Last Name Nguyen Nguyen Nix Nguyen (Michael) Le Duy Calvert Tran Berendt

Thang Han Vu Tran Tran

Van Ngai Hoang Phan

Members of the Vietnamese Advisory Committee

First Name Kim Cuong Kim Cao My Long Phan Rogene Trang Q. Pam

Susie Kathy Joe Nathan Andres Others Nguyen Aloysius Shandon

Address 2615 Fannin St. 8618 Little River Road 2148 Cove Park 11210 Bellaire, Suite 118 8415 Hazen St. 7457 Harwin Dr., Suite 350-PPL 900 Bagby, 1st floor 440 Louisiana, Suite 590 13374 Trail Hollow Dr.

2900 Travis, Suite A 8300 Mykawa 2102 Peace St. 12320 Bellaire Blvd., Suite A-1 15719 Boulder Oaks Drive

P.O. Box 721671 1900 N. Loop West, #500 13134 Woodvine Trail

City, State Houston, TX Houston, TX Kemah, TX Houston, TX Houston, TX Houston, TX Houston, TX Houston, TX Houston, TX

Houston, TX Houston, TX Houston, TX Houston, TX Houston, TX

Houston, TX Houston, TX Houston, TX

77002 77064 77565 77072 77036 77036 77002 77002 77079

77006 77048 77003 77002 77084

77019 77072

Zip

Phone 281.236.5127 832.277.8871 281.334.7422 281.827.8019 713.828.3098 832.236.8288 713.247.2013 713.223.8855 713-784-2923

713-523-0302 713.731.5156 713.320.8880 281-530-6888 832.868.4848

281-561-5459 713-680-9922 832-860-8274

Fax 713.577.1115 713.586.9585

281-855-2868

713.782.9978 713.247.2580

713-523-1805 713.247.8747 713.270.0068 281.530.6888 281.856.6501

713-680-0804 281-933-8118(ph)

E-mail [email protected] [email protected] [email protected] [email protected]

[email protected] [email protected]

[email protected]

[email protected] [email protected]

[email protected] [email protected] [email protected] 18 19 APPENDIX B

Memorandum of Understanding and Agreement

This Memorandum of Understanding and Agreement (the Agreement) is entered into between the United States of America (United States") and Harris County, Texas, with an effective date of [date].

Recitals

1. On July 26, 2002, the Director of the Census determined that the County is covered under the requirements of Section 203 of the Voting Rights Act, 42 U.S.C. 1973aa-1a, as it relates to the Vietnamese language.

2. Section 203 requires Harris County, Texas, and all of the political subdivisions within Harris County, to provide all election notices, forms, instructions, assistance and other registration and voting materials and information, including ballots, in the Vietnamese language as well as in English and in Spanish.

3. Promptly upon receiving notification that it was a covered jurisdiction under Section 203 with respect to the Vietnamese language, the County began efforts to comply fully with the requirements of Section 203. The County translated into Vietnamese all election-related materials used in Harris County, with the exception of those materials that are prescribed and supplied by the Texas Secretary of State. In addition, the County established and has maintained a compact Vietnamese Advisory Committee to aid the County in its efforts to develop a Vietnamese-language program and to comply with Section 203.

4. Since Harris County became covered under Section 203 for the Vietnamese language, the County and the United States have worked together cooperatively to review and enhance the County's progress in implementing its Vietnamese-language program. In accordance with Section 5 of the Voting Rights Act, the County submitted its Vietnamese-language forms and initial procedures to the Attorney General for review, which forms and procedures the United States Department of Justice (the "Department") subsequently precleared. As part of that submission, the County stated that its E-slate voting machines would include a Vietnamese version of the ballot by 2003; a series of circumstances, however, resulted in the E-slate machines including only English and Spanish versions of the ballots, so that the County prepared a Vietnamese ballot

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18 19 template to supplement the machine ballot as provided in the Attorney Generals Minority Language Guidelines.

5. The County also welcomed the Civil Rights Division, which has unique experience with minority language programs in other jurisdictions, to observe the County's Vietnamese-language program as it operated at the polls on election day, and cooperated fully in that observation. The Civil Rights Division was able, as a result of the County's cooperation, to identify a number of issues in the operations of the Countys program. Harris County, desiring to remedy any deficiencies in its Vietnamese-language program, and to establish itself as a model that other jurisdictions might emulate, has therefore agreed to the following terms.

6. The County does not admit to any violation of federal law. Harris County actively seeks to implement a model Vietnamese-language program for compliance with Section 203.

Terms

1. The County, for all county elections and elections conducted under an election services contract, as defined by the Texas Election Code, shall provide instructions and ballots in the Vietnamese language on the same basis as they are provided in English and Spanish, including on all voting machines. All non- machine ballots shall be bilingual or trilingual. The County shall adopt procedures for determining which type of bilingual or trilingual ballot should be offered or provided to individual voters. Such procedures shall be subject to compliance with Section 5 of the Voting Rights Act.

2. Whenever the County enters into an election services contract with any other entity, political subdivision, or political party to conduct an election on behalf of that entity, the County shall require such other entity to agree to abide by the terms of this Agreement as if such entity were a party to this Agreement with the United States, and consistent with the responsibility of each such entity to comply fully with Section 203. Each independent school district or other educational entity with which the County contracts shall agree to implement a program that allows and encourages selected bilingual students (as allowed by state law and as part of an educational program devised by such district) to serve as poll officials on election day for all county elections, including election days that fall on school days. Such students shall receive academic credit appropriate to their service as well as all pay and benefits of

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20 21 poll officials. Harris County agrees to notify the United States sixty (60) days prior to each election of each jurisdiction within Harris that does agree to cooperate in the terms of this Agreement, and to identify all other entities having elections on such date.

3. All voter registration and election notices, forms, instructions, and other materials available to voters in English shall also be printed in Vietnamese, and shall be displayed or available in each polling place on the same basis as English language materials and information. The distribution of information through the media shall be in the Vietnamese language in newspapers and other media that exclusively or regularly publish or broadcast information in Vietnamese. The announcements need not be identical in all respects to English language announcements, but shall be in the form, frequency and media best calculated to achieve notice and understanding equal to that provided to the English-literate population and to provide substantially the same information.

4. The County acknowledges the need for Vietnamese-speaking personnel in all phases of the election process. The County shall maintain and publicize telephone numbers where citizens may obtain election information from Vietnamese-speaking personnel trained in the entire election process. Polling places which have more than 50 Vietnamese-surnamed registered voters at the time of an election usually, but not always, will under the conditions that prevail in Harris County, require a Vietnamese- speaking poll official or interpreter to assist voters and answer their questions, and the County will ensure that such personnel are stationed at each such polling place. The United States recognizes that this general need may vary from place to place, and over time; accordingly, the County may establish, subject to compliance with Section 5 of the Voting Rights Act, a procedure for determining, for any election, which particular precincts or polling places have no need for such assistance, or for providing such assistance through early voting, absentee voting, or other reasonable means. In such cases, no Vietnamese speaking poll official or interpreter will be necessary at such a site. Similarly, the County shall be responsive to evidence that precincts with fewer than 50 Vietnamese-surnamed registered voters contain voters who may need Vietnamese assistance, and shall meet such need through Vietnamese-speaking poll officials or interpreters or other reasonable means. For each election, the County shall have Vietnamese-speaking personnel available on call to travel to polling places as required to assist voters at any site where a Vietnamese-speaking official is not available.

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20 21 5. The County shall publicize through Vietnamese-language media the right of voters who require assistance in casting their ballots to receive such assistance from any person, other than the voters employer or agent of that employer or officer or agent of the voters union, consistent with Section 208 of the Voting Rights Act, 42 U.S.C. 1973aa-6 and the Texas Election Code. The County also shall publicize such information through English and Spanish language media.

6. To assist in the recruitment of bilingual poll officials and interpreters, the County shall survey its employees to identify personnel who speak Vietnamese, and shall make such employees available for service at the polls on election day, or place them on call to address questions or problems that may arise to the extent such employees are available to provide assistance.

7. In addition to providing training in the operation of the polls, the operation of voting equipment, and state law rules, requirements, and election procedures, the County shall train all election judges, alternate election judges and clerks in the legal requirements of Section 203 and Section 208 of the Voting Rights Act, and on the need to avoid inappropriate remarks and conduct within the polling place. The County shall maintain a record of which poll officials attend training sessions, including the time, location and training personnel.

8. The County shall adopt a checklist that each election judge must complete and sign before the election judge receives payment for work in the election, subject to applicable state and federal law, and shall maintain a record of each such failure to complete and sign the checklist. The checklist shall include attestation that the election judge posted or made available Vietnamese-language sample ballots, voter registration and address update forms, affidavits, and other such items in the poll kit; that voters were allowed to receive assistance from persons of their choice in compliance with Section 208 and the Texas Election Code; and that voters whose names did not appear on the poll list or who lacked voter registration cards or other requisite identification were treated equally and as required by law, the specific legal provisions being described on such checklist.

9. The County shall employ, on a full time basis, an individual (the Coordinator) to coordinate the Vietnamese election program for all elections within the County and the County shall provide that individual transportation and other

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22 23 support sufficient to meet the goals of this Agreement. The Coordinator shall work under the supervision of the Harris County Clerk. The Coordinators responsibilities shall include development and adjustment of Vietnamese publicity programs matching English language announcements, including selection of appropriate Vietnamese language media for notices and announcements; identification of any special informational needs of the Vietnamese community; preparation of publicity for early voting sites; recruitment of Vietnamese-speaking poll officials and interpreters; voter registration programs and general publicity; translation of ballots and other election information; development of a Vietnamese election glossary to ensure uniform terminology in elections; and other aspects of the Vietnamese- language election program.

10. The Coordinator shall establish an advisory group to assist and participate in the Vietnamese language program. Such advisory group shall be open to all interested persons. The Coordinator shall invite participation by all organizations listed in Houstons Asian Pacific American Resource Directory, as well as other individuals and organizations that work with or serve the Vietnamese-speaking community in Harris County. The Advisory Committee may include sub-groups to deal with particular subject matters, such as voter registration, or to deal with matters limited to a particular area within Harris County, such as an election for an independent school district . The advisory group shall meet at least on a monthly basis through the 2004 elections and post-election review and analysis. The group shall meet thereafter as needed, and according to schedules for the full group and for any sub-groups. Such schedules shall be determined in consultation with the advisory group. The Coordinator shall notify each member at least 14 days in advance of the time, location and agenda for the meeting. The Coordinator shall act as Chair of the advisory group. Within five days following each meeting, the Coordinator shall provide a written summary of the discussion and any decisions reached at the meeting. The group will be advisory in nature, and nothing in this agreement limits the powers or responsibilities of any public official.

11. The County shall transmit to all members of the advisory group by facsimile or electronic transmission copies in English and Vietnamese of all election announcements and notices which are provided to the public by the County in English. The County shall invite recipients to post materials or make announcements for their members or clients, where appropriate. Municipalities and other sub-jurisdictions of Harris County which

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22 23 contract with the County may limit such distribution to group members within or serving their geographic area, and others expressing an interest in such materials and information.

12. The Coordinator shall make and preserve records of all tasks undertaken pursuant to this Agreement during the term of the Agreement and for a period of at least two years after its termination.

13. Each standard, practice or procedure that must be created by the terms of this Agreement is subject to compliance with Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. Such standards, practices or procedures may be modified to meet the changing needs of the Vietnamese community in Harris County subject to the requirements of Section 5.

14. This Agreement shall continue in formal operation through December 31, 2006; however, Harris County firmly expresses its intention to continue the beneficial practices and procedures of the Agreement beyond that time.

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