This week, an article published on Daily Kos — and those who supported it — made a big difference in bringing to light issues surrounding voter registration and rights within a state. When I first published the story that Spanish-language voter guides in Kansas were incorrect and different than their English counterparts, we kick-started a new discussion as to the role of a Secretary of State and the purpose of an office aimed at helping people vote.
While we still aren’t there — the Spanish language version on the Secretary of State website is STILL incorrect as of this morning, as it does not list passports as an acceptable form of ID (despite being acknowledged by the state it is in error), the Secretary of State’s office has been forced to apologize and to commit to making changes that extend services to all Kansans.
www.kansas.com/…
McCullah said discrepancies in registration deadlines were corrected in the online version of the guide in the past 24 hours and the rest of the text is being sent to a professional translating service to eliminate mismatches between the English and Spanish versions.
The problem went public in a post on the Daily Kos website by Democratic consultant Chris Reeves of Overland Park. Reeves said a native Spanish speaker alerted him to the errors when he stopped by Garden City to check in with local Democrats while on a trip to western Kansas.
Now, the state has multiple news sources, from The Wichita Eagle, Kansas City Star, and others asking the state to find a way to provide better service to their constituents.
The Secretary of State’s office admission of errors is significant and it changes the discussion about what happens next. What is at stake? Attorneys point to this element of the Voting Rights Act:
Section 203 of the Voting Rights Act
When Congress amended the Voting Rights Act in 1975 by adding Section 203, it found that "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."
Section 203 provides: "Whenever any State or political subdivision [covered by the section] provides registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable minority group as well as in the English language."
What information must be provided in the minority language?
All information that is provided in English also must be provided in the minority language as well. This covers not only the ballot, but all election information - voter registration, candidate qualifying, polling place notices, sample ballots, instructional forms, voter information pamphlets, and absentee and regular ballots - from details about voter registration through the actual casting of the ballot, and the questions that regularly come up in the polling place. Written materials must be translated accurately, of course. Assistance also must be provided orally. Most Native American languages historically are unwritten, so that all information must be transmitted orally. Oral communications are especially important in any situation where literacy is depressed. Bilingual poll workers will be essential in at least some precincts on election day, and there should be trained personnel in the courthouse or city hall who can answer questions in the minority language, just as they do for English-speaking voters.
Because the Secretary of State’s office failed to provide information in compliance with the Voting Rights Act, I’ve joined with others in asking for proof of: (1) Who signed off on the documents; (2) How widely distributed these documents in error were; (3) How long the incorrect documents were made available; (4) How much was paid for and to whom in the translation services; (5) Who was responsible for the compliance with the federal government in relation to these documents.
I realize, for many, this diary would be more attractive if it was about Bernie or Hillary. However, if we are unified in anything, it must be the fact we all stand for voter rights of all. In Kansas, we often neglect rural areas of the state — but if it was not for an effort to continue our outreach to rural Democrats, who knows how long this would have continued before it was caught.
We can make progress, together. Sometimes, we simply have to realize the battle for rights in America extends beyond the presidential race, and our efforts to seek justice matter more today than ever.