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

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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
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