IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF FLORIDA
THE UNITED STATES OF AMERICA,
Plaintiff,
v.
CIVIL ACTION NO. 6:02-CV-738-ORL-22JGG
OSCEOLA COUNTY, FLORIDA;
and DONNA BRYANT, Supervisor
of Elections,
Defendants.
_____________________________________
CONSENT DECREE
The United States of America initiated this action
pursuant to Sections 2, 11(a), 12(d), and 208 of the Voting
Rights Act of 1965, as amended, 42 U.S.C. 1973, 42 U.S.C.
1973i(a), 42 U.S.C. 1973j(d), 42 U.S.C. 1973aa-6, and 28 U.S.C.
2201, alleging violations of the Voting Rights Act arising from
Osceola County's election practices and procedures as they
affect Spanish-speaking citizens of the county.
The United States alleged in its complaint that defendants
have engaged in various election practices and procedures that
unlawfully denied Spanish-speaking citizens an opportunity
equal to that of other citizens to vote in Osceola County
elections. The challenged practices concern the failure of
poll officials to communicate effectively to Spanish-speaking
voters necessary information concerning their eligibility to
vote, voter registration status, identification requirements,
and polling place changes and assignments; the refusal of poll
officials to allow certain Spanish-speaking voters assistance
in voting by a person of their choice; and hostile remarks by
poll officials directed toward Hispanic voters with limited
English proficiency.
Despite defendants' alleged failure to adhere to Sections
2 and 208 of the Voting Rights Act, the United States does not
contend that defendants intended to deny Spanish-speaking
voters an equal opportunity to participate in the political
process. To the contrary, the United States recognizes that
defendants have demonstrated an appreciation for the
difficulties encountered by Spanish-speaking voters and a
willingness to take some measures designed to make the process
more accessible to these voters on election day.
Defendants deny any violation of the Voting Rights Act as
alleged by the United States. Moreover, defendants are
committed to ensuring that voters with limited ability to
understand English get the assistance necessary for their
effective participation in the voting process. Defendants are
dedicated to ensuring that all future elections in Osceola
County comply with Section 2 and Section 208 of the Voting
Rights Act.
This Court has jurisdiction over the parties and the
subject matter of this litigation. The United States and
defendants have negotiated in good faith and have agreed to
entry of this Consent Decree as an appropriate resolution of
the claims alleged. This agreement is final and binding
between the parties, which pursuant to Fla Stat. Ann. 125.15
(West 2002) binds the Osceola Board of County Commissioners as
well as the Supervisor of Elections, and their successors in
office regarding the claims raised in this action.
Accordingly, it is hereby ORDERED, ADJUDGED, AND DECREED
that:
- Defendants shall ensure that the Spanish-speaking
population of Osceola County does not "have less opportunity
than other members of the electorate to participate in the
political process and to elect the representatives of their
choice."
- Defendants shall assign one or two employees to act as
the Spanish Language Assistance Coordinator(s), for at least
three months prior to a federal, state or county election, to
help carry out the requirements of this Consent Decree. The
Coordinator(s) shall be bilingual in English and in Spanish.
The Coordinator(s) shall be trained in all aspects of the
election process by the Osceola County Supervisor of Elections.
- The responsible Coordinator upon receipt of complaints
shall investigate all allegations of poll worker hostility
toward Spanish-speaking and/or Hispanic voters in any election.
The Coordinator shall report the results of the
investigation(s) to the Osceola County Supervisor of Elections.
Where the Coordinator has reasonably found poll workers who
have engaged in inappropriate treatment of Spanish-speaking
and/or Hispanic voters, the Supervisor shall remove these poll
workers, and these poll workers shall not be eligible to be
poll workers in future elections.
- The Coordinator(s) and the Osceola County Supervisor
of Elections shall meet with representatives of the Hispanic
community at least one month prior to each election cycle
(e.g., prior to the 2002 primary election) and solicit their
views on what steps are needed to ensure the effectiveness of
bilingual assistance for Spanish-speaking Hispanic voters.
- Defendants shall ensure that voters are permitted to
have assistance in the voting booth by a person of their choice
as provided by 42 U.S.C. 1973aa-6. The voter may choose anyone
to provide assistance as long as the assistor is not the
voter's employer or agent of that employer or union officer or
agent of the voter's union. 42 U.S.C. 1973aa-6. The assistor
will be permitted to assist in all aspects of the voting
process.
- In any precinct where registered Hispanic voters
comprise at least five percent of the voters in the precinct,
there shall be at least one poll official bilingual in Spanish
and English. In each election precinct in Osceola County where
Hispanic voters comprise more than 40 percent of the registered
voters, the county shall seek to ensure that at least half of
the polling officials are bilingual in Spanish and English.
- Osceola County shall use its best efforts to secure
bilingual poll officials. Defendants shall recruit bilingual
election officials by providing notices in English and Spanish
to the Spanish-language media, Hispanic community organizations
(e.g., voting organizations, businesses, churches, senior
citizen centers, etc.), the county election supervisor's
internet site, and any other recruitment methods the county
normally uses.
- Defendants also shall publicize in Spanish prior to
the election, through these same publicity methods, the
availability of bilingual poll workers to assist Spanish-speaking
voters at the polls on election day. Defendants also
shall publicize in Spanish and English prior to the election
that voters may bring their assistor of choice under the
allowances provided for in Section 208 of the Voting Rights
Act.
- Defendants shall provide in Spanish and English
notification of elections, polling place changes, sample
ballots, voting instructions and procedures at the polls, and
election materials used at the polls (including the ballot) to
ensure that limited English proficient voters do not have less
opportunity than other members of the electorate to cast a
ballot on election day.
- The Coordinator(s) and the Osceola County Supervisor
of Elections (or another employee designated by the Supervisor)
shall conduct the training of poll officials and any other
election related personnel who will be working at the polls on
election day regarding the importance of all eligible citizens
being able to cast a ballot at the polls, the right of voters
to have assistance in Spanish (including inside the voting
booth), and the right of certain voters, including voters with
limited-English proficiency, to be assisted by the person of
their choice.
- Bilingual poll officials shall be trained in the
translation of the entire ballot, all election related forms
used in the polls on election day, and the voting process
(e.g., how to operate new voting machines) in the Spanish
language so that bilingual election officials will be able to
provide a full and accurate translation.
- Nothing in this Decree shall preclude Defendants from
the use of contracting to carry out any of the terms and
conditions specified herein, including the establishment and
operation of the Coordinator position(s). However, should
defendants exercise this option, they shall nevertheless
maintain responsibility for compliance with the terms and
conditions herein.
- At least ten (10) days before each federal, state, or
county election in Osceola County, the Coordinator(s) or the
Osceola County Supervisor of Elections shall provide to counsel
for the United States a report containing the following
information: (a) the name and precinct designation of each
polling place; (b) the name and title of each poll official
appointed and assigned to serve at each polling place
(including a designation of those who are bilingual in English
and Spanish); and (c) a copy of the most recent voter
registration lists on computer disk. Within ten (10) days
after each federal, state or county election in Osceola County,
the Coordinator(s) or the Osceola County Supervisor of
Elections shall provide to counsel for the United States any
updated report regarding changes in items (a)-(c) above that
occurred at the election, and provide information about all
complaints the county received at the election regarding
language or assistance issues.
- The parties recognize that a regular and ongoing
reassessment may be necessary in order to provide Spanish-language
minority voters equal access to the electoral process
in Osceola County. The county shall evaluate its program and
procedures after each election cycle (e.g., after the 2002
general election) and on an ongoing basis through meetings with
the Hispanic community and other interested parties and counsel
for the United States.
- If the Director of the Census designates Osceola
County as a covered county under Section 203 of the Voting
Rights Act, 42 U.S.C. 1973aa-1a, the county must comply fully
with Section 203. Nothing in this Consent Decree is meant to
limit Osceola County's obligation to comply with Section 203.
- The parties agree that to assist in carrying out
the purposes of this Consent Decree, the United States will
be permitted to monitor elections in Osceola County from the
date of the entry of this Consent Decree through January 31,
2005.
- The United States will give timely notice of
its intent to monitor a particular election;
- Department of Justice personnel, including
attorneys and staff members, will be permitted into the
precincts for the purpose of observing the election process;
such Department personnel shall not seek to interfere in any
way with the conduct of the election, but will merely observe
and report problems to county election officials for
resolution.
- This Consent Decree shall remain in effect through
January 31, 2005. Plaintiff may move the court for good
cause shown to extend this Consent Decree.
The Court shall retain jurisdiction of this case to enter
further relief or such other orders as may be necessary for the
effectuation of the terms of this agreement and to ensure
compliance with Sections 2 and 208 of the Voting Rights Act.
Entered this _22nd__ day of _July___, 2002.
For Plaintiff:
For Defendants:
UNITED STATES OF AMERICA
OSCEOLA COUNTY
PAUL I. PEREZ
United States Attorney
_____/s/________________
RALPH F. BOYD, JR.
JOHN B. RITCH
Assistant Attorney General
Attorney for the Osceola
Supervisor of Elections
100 Church Street
Kissimmee, FL 34741
___/s/_________________
_____/s/________________
JOSEPH D. RICH
JO THACKER
REBECCA J. WERTZ
Osceola County Attorney
TIMOTHY F. MELLETT
One Courthouse Square
Attorneys, Voting Section
Suite 4200
Civil Rights Division
Kissimmee, FL 34741
Department of Justice
950 Pennsylvania Ave.
Washington, D.C. 20530
Entered this _22nd__ day of _July_____, 2002.
_________/s/___________________________
Anne C. Conway
UNITED STATES DISTRICT COURT JUDGE
