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Attorney: Natalie Landreth
Case Update
In partnership with the American Civil Liberties Union, NARF filed a lawsuit in federal court alleging that Alaska (through its agents the Lieutenant Governor and the Division of Elections, among others) has violated the Voting Rights Act by failing to provide language assistance to the thousands of Yup`ik speaking voters in the Bethel Census Area. The first claim is under Section 203 of the VRA, which requires that jurisdictions covered by the Act provide oral and written assistance sufficient to enable the voter to cast a meaningful ballot.
While the languages covered (meaning those for which the State has to provide assistance) varies statewide to correspond to the number of people who speak that language, in the Bethel Census Area, the covered language is Yup`ik. However, as the complaint alleges, there is little to no oral language assistance provided and absolutely no written assistance provided to the Yup`ik voter. The second claim is under Section 208 of the VRA which provides that a voter who needs help reading and writing may bring anyone they like into the voting booth to help them cast a ballot. The complaint was filed on June 11, 2007 and on July 31, 2008 Judge Burgess issued a Preliminary Injunction ordering the State to provide comprehensive language assistance in time for the August primary and November general elections. This relief includes providing written ballots in the Yup'ik language, publicizing all election notices and information in Yup'ik, and creation of a new statewide position to oversee Native language assistance. Additionally, the State must report to the Court before and after each election that they have taken these steps. The State has now filed its post-election reports and the Plaintiffs are evaluating the next steps to ensure the State adheres to the Court's directives to provide effective language assistance.
Preliminary
Injunction, July 30, 2008
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