City Fails to Provide Translated Voting Materials and Interpreters Required under Federal Law

On June 3, the Asian American Legal Defense and Education Fund (AALDEF) sued the City of Hamtramck, Michigan for failing to comply with the language assistance provisions (Section 203) of the federal Voting Rights Act (VRA).

Susana Lorenzo-Giguere, Senior Staff Attorney of AALDEF’s Democracy Program, said: “Asian Americans have had to overcome many barriers to exercise their right to vote, especially due to the lack of language assistance. Hamtramck must comply with all provisions of the Voting Rights Act and fully translate all voting material, including their website, and provide sufficient numbers of interpreters or bilingual poll workers at all poll sites.”

The Census Bureau announced on October 13, 2011 that Hamtramck, MI was covered under Section 203 of the Voting Rights Act and required to provide Bengali language assistance to voters. The Census Bureau’s determination applies to all elections administered by Hamtramck and is final and not reviewable by any court. However, despite being covered for almost a decade, Hamtramck failed to provide fully and accurately translated ballots during the Primary and General Elections in 2020. For example, the translation of the general election sample ballot was completely nonsensical, and only the Republican party primary ballot was available to voters for most of the day. The City Clerk’s election website provides no Bengali translation whatsoever, including no translated voting information regarding absentee ballots, voter registration, election dates, and other election information. In addition, the City failed to provide Bengali interpreters or a sufficient number of bilingual poll workers to assist limited English proficient (LEP) Bengali American voters.

On April 20, 2020, AALDEF sent a letter to the former Hamtramck City Clerk, August Glitschlag, detailing the numerous Section 203 violations observed and demanding that the City immediately comply with the federal requirements. Hamtramck had ample notice and opportunity to comply with federal law on behalf of its Bengali American citizens, yet failed to do so. AALDEF did not receive a response to its April 20, 2020 demand letter.

AALDEF’s complaint alleges that Rahima Begum, one of the Bengali-speaking plaintiffs, could not participate in the electoral process equally with other citizens because of the City’s failure to comply with Section 203 of the VRA. Instead, she had to rely on her English-speaking bilingual children to assist her with the voting process. Ms. Begum would have been able to effectively exercise her right to vote, and independently cast a fully-informed ballot, if Hamtramck and its City Clerk had complied with their obligations under Section 203.

On behalf of the organizational plaintiff, Detroit Action Executive Director Branden Snyder said, “Section 203 is vitally important for the LEP Asian American community in Hamtramck, Michigan. The City has prevented qualified voters from receiving the assistance that they are guaranteed under federal law.”

AALDEF’s complaint seeks to enjoin the City of Hamtramck and the City Clerk from failing to provide translated Bengali language voting materials and assistance, and requiring that the City ensure that LEP Bangladeshi Americans are able to participate effectively in all phases of the electoral process, in full compliance with Section 203.

Salvatore Prescott Porter & Porter is pro bono counsel in this lawsuit. “Ensuring that all citizens have not only the right, but also the practical ability, to exercise their voting franchise helps our nation more fully realize the promise of our democratic system,” said law firm partner Sarah Prescott. “Our firm is proud to serve as co-counsel with the Asian American Legal Defense and Education Fund on this important and timely issue.”

In 2013, AALDEF sued the Board of Elections in the City of New York for failing to provide Bengali ballots in Queens County, New York, which is the only other county in the country covered for Bengali language assistance under Section 203 of the VRA. The Board of Elections settled the case in 2014.

Jerry Vattamala, Director of AALDEF’s Democracy Program, said: “AALDEF will always fight to ensure that all provisions of the Voting Rights Act are fully complied with. The federal requirements of the VRA are not voluntary, but mandatory – and no state or city is free to discard the requirements that so many fought and died for.”

The complaint can be downloaded here.

AALDEF’s April 20, 2020 letter to the Hamtramck City Clerk can be downloaded here.

AALDEF’s Section 203 Fact Sheet can be downloaded here.

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For additional information, contact:
Susana Lorenzo-Giguere
Senior Staff Attorney, Democracy Program
212.966.5932 x211
slorenzo-giguere@aaldef.org

Jerry Vattamala
Director, Democracy Program
212.966.5932 x209
jvattamala@aaldef.org