U.S. Department
of Justice
SI- Toyukak v. Treadwell
You may view the statment of interest in pdf format.
JOCELYN SAMUELS
Acting Assistant Attorney General
Civil Rights Division
KAREN L. LOEFFLER
United States Attorney
RICHARD L. POMEROY
Assistant U.S. Attorney
222 West Seventh Avenue #9, Rm. 253
Anchorage, Alaska 99513-7567
Telephone: (907) 271-5071
Facsimile: (907) 271-2344
richard.pomeroy@usdoj.gov
Alaska Bar No. 8906031
T. CHRISTIAN HERREN, JR
SARABETH DONOVAN
JANIE ALLISON (JAYE) SITTON
Attorneys
Voting Section, Civil Rights Division
U.S. Department of Justice
Room 7254 NWB
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Telephone: (202) 305-2552
Facsimile: (202) 307-3961
sarabeth.donovan@usdoj.gov
Nebraska Bar No. 19798
Attorneys for the United States
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
)
MIKE TOYUKAK, et al., ) CASE NO. 3:13-CV-137-SLG
)
Plaintiffs, ) STATEMENT OF INTEREST
) OF THE UNITED STATES
v. ) OF AMERICA
)
MEAD TREADWELL, et al., )
)
Defendants. )
____________________________________)
Toyukak, et al. v. Treadwell, et al.
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The United States respectfully submits this Statement of Interest pursuant to 28 U.S.C. §
517, which authorizes the Attorney General to attend to the interests of the United States in any
pending suit. This case implicates the interpretation and application of the language minority
requirements of Section 203 of the Voting Rights Act, 42 U.S.C. § 1973aa-1a (Section 203).
Congress gave the Attorney General authority to enforce the Voting Rights Act, including
Section 203, on behalf of the United States. See 42 U.S.C. §§ 1973j, 1973aa-2. Accordingly, the
United States has a substantial interest in ensuring that Section 203 is properly interpreted and
that it is vigorously and uniformly enforced.
I. BACKGROUND
In the instant action, the Plaintiffs allege, among other things, that the Defendants have
violated Section 203 by failing to translate all of the election materials and information provided
in English into the covered native languages and appropriate dialects in the Dillingham Census
Area (DCA), Wade Hampton Census Area (WHCA), and the Yukon-Koyokuk Census Area
(YKCA). See ECF No. 21 at 12-15 and 17-18. Both the Plaintiffs and the Defendants have filed
dispositive motions pursuant to Rule 56 of the Federal Rules of Civil Procedure, along with
voluminous exhibits and supporting information. See ECF Nos. 47, 69, 82, 86, 96 (Defendants’
motions and memoranda); and ECF Nos. 056, 74, 87, 97 (Plaintiffs’ motions and memoranda).
In their motion for summary judgment, the Plaintiffs argue that there is no dispute of
material fact regarding the failure of Defendants to translate all election materials and
information provided in English into the covered native languages and dialects in the DCA,
WHCA, and YKCA. See ECF No. 56 at 4-5; and ECF No. 55-59.
In their motions for summary judgment, the Defendants do not dispute that they are not
translating all election-related materials and information. Instead, they argue that it is undisputed
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that they are providing election materials and information in the covered languages to some
degree. See ECF Nos. 47, 69, 82, 86, and 96. They then argue that the Plaintiffs have the burden
of proof to show that the language programs at issue are not effective, or that there are additional
reasonable steps that the Defendants must take to comply with Section 203. See ECF Nos. 47
and 69. During a hearing on May 30, 2014, Defendants further argued that the statutory proviso
for historically unwritten Native languages,1 in conjunction with the flexibility in the Department
of Justice’s guidance for implementing Section 203,2 enables the State to decide whether and to
what extent information needs to be provided. See Transcript of Oral Argument on Motion for
Summary Judgment at 41-42, Toyukak v. Treadwell, No. 3:13-CV-137-SLG (D. Alaska May 30,
2014) (hereinafter, “Transcript at __”) (agreeing with the Court’s characterization of its position
as being that the State “can figure out just what really is important for them to get and not
provide all of the same information that might that people are otherwise entitled to if they have
a written language”); see generally id. at 36-37.
The limited purpose of this Statement of Interest is to set out the Attorney General’s
position that, contrary to Defendants’ argument, Section 203 requires providing all the election
information in the covered minority languages. The statutory proviso for historically unwritten
languages addresses only the question of how the required translation is to be accomplished, not
whether it must be done. Moreover, this Court should draw no inference about the propriety of
the State’s conduct from the fact that the Attorney General has not brought suit. Beyond
1 “Provided, That where the language of the applicable minority group is oral or unwritten or in
the case of Alaskan Natives and American Indians, if the predominant language is historically
unwritten, the State or political subdivision is only required to furnish oral instructions,
assistance, or other information relating to registration and voting.” 42 U.S.C. § 1973aa-1a(c)
(emphasis in original).
2 28 C.F.R. Part 55
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addressing those issues, this Statement takes no position as to whether summary judgment in
favor of either party is appropriate.
II. SECTION 203 REQUIRES THAT ALL ELECTION MATERIALS AND
INFORMATION ALASKA PROVIDES IN ENGLISH ALSO BE
PROVIDED IN THE LANGUAGE OF THE APPLICABLE MINORITY
GROUP IN THE COVERED JURISDICTIONS
Section 203 requires that “whenever any [covered jurisdiction] provides any 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.” 42 U.S.C. § 1973aa-1a(c) (emphasis added).
The statutory language of Section 203 is clear and broad any information related to the
electoral process, including ballots, that is provided to voters in English also must be provided in
the covered language, whether the method of providing the information is in written or oral form.
Reported decisions are consistent with the plain language. See U.S. v. Sandoval Cnty, 797 F.
Supp.2d 1249, 1251 (D. N.M. 2011) (characterizing as a violation of Section 203 the county’s
“fail[ure] to furnish to covered voters all oral instructions, assistance, and other information
related to voting in the [covered] languages”); U.S. v. Metro. Dade Cnty, 815 F. Supp. 1475,
1478 (S.D. Fla. 1993) (requiring the translation of a pamphlet concerning electoral information).
The Director of the Census determines which jurisdictions must comply with Section 203 and
that decision is not reviewable. 42 U.S.C. § 1973aa-1a(b). There is no question that Defendants
are required to comply with Section 203 with respect to Alaska Native languages for the DCA,
WHCA, and YKCAs, and have been covered continuously since 1975. See 40 Fed. Reg. 41, 827
(Sept. 3, 1975); 49 Fed. Reg. 25, 887 (June 25, 1984); 57 Fed. Reg. 43, 213 (Sept. 18, 1992); 67
Fed. Reg. 48, 871 (July 26, 2002); and 76 Fed. Reg. 63, 602 (Oct. 13, 2011).
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The objective of Section 203 is to “enable members of applicable language minority
groups to participate effectively in the electoral process.” 28 C.F.R. § 55.2(b) (emphasis added).
In order to achieve that goal, two basic standards must be met: “(1) that 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)
[t]hat an affected jurisdiction should take all reasonable steps to achieve that goal.” See 28
C.F.R. § 55.2(b) (emphasis added). With respect to the first criterion, the Attorney General has
consistently taken the position that effective participation requires providing all election-related
or voting-connected materials in the covered languages.
The second criterion involves the means by which those materials are provided
including pre-Election Day outreach to the minority community, poll official training, bilingual
oral assistance, and translated written materials. Contrary to Defendants’ position, the guidance
to “take all reasonable steps” does not exempt a covered jurisdiction from its statutory
obligation. Rather, it articulates the requirement that the jurisdiction take the necessary steps to
provide the information contained in all election materials to covered groups in a form that
enables protected voters to participate effectively.
The history of Section 203 enforcement confirms this point. The Attorney General has
entered into court-ordered consent decrees and agreements to resolve Section 203 violations that
consistently have required comprehensive translation of election-related materials; what differs
from one setting to another is how jurisdictions have tailored those comprehensive programs to
meet the unique needs of their language minority groups. See http://www.justice.gov/crt/about/
vot/litigation/caselist.php. In particular, the consent decrees and agreements with jurisdictions in
Indian Country require implementation of election information programs that are as
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comprehensive in scope as those involving other language minorities; they differ only in that
they obligate those jurisdictions to provide all election information and materials that are
provided to voters in English orally in the native language (where the Native language is only
oral or historically unwritten), rather than in written form.3 Filed herewith as Exhibit 1 are
consent decrees and agreements obtained by the United States in jurisdictions with covered
languages that are historically unwritten.4
All of the consent decrees and agreements entered into by the United States, regardless of
whether they relate to written or historically unwritten languages, provide for the translation and
dissemination of all pre-election and election-day materials and information to voters in the
covered languages. The dissemination of pre-election materials and information in the covered
3 Because of the statutory proviso for historically unwritten native languages, the Attorney
General has not required written translations of election materials and information for oral or
unwritten native languages in its consent decrees and agreements. However, where a written
form of the relevant native languages exists, jurisdictions are free to translate information and
materials in that written form to supplement its oral translation program where it can assist in
outreach and training, and to help ensure consistent and accurate translations. The Attorney
General agrees that in some circumstances providing written translations of election materials
and information either for the voters or for the training of poll officials can help to ensure
that LEP voters are able to effectively understand and participate in the electoral process. The
provision of written translations, however, is not a substitute for trained bilingual voting
coordinators and outreach workers developing and deploying the language program prior to
election day, and bilingual poll officials assisting voters in the polls on election day. See the
consent decrees and agreements cited infra.
4 Exhibit 1_A is a memorandum of agreement with Shannon County, SD (2010) for the Lakota
language; Exhibit 1_B is a consent decree with Bernalillo County, NM (1998) for the Navajo
language; Exhibit 1_C is a consent decree with Socorro County, NM (1994) for the Navajo
language); Exhibit 1_D is a order modifying and extending a 1993 consent decree with Cibola
County, NM (2004) for the Keresan and Navajo languages; Exhibit 1_E is a consent decree with
the State of Arizona (1989) for the Navajo language); Exhibit 1_F is an order extending and
modifying past consent decrees with Sandoval County, NM (2007) for the Keresan, Navajo and
Towa languages; Exhibit 1_G is a consent decree with McKinley County, NM (1986) for the
Navajo language; and Exhibit 1_H is an agreed settlement and order with San Juan County, UT
(1984) for the Navajo language.
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languages is accomplished by airing the translations of election information on the radio,
producing written or oral advertisements and notices, and deploying designated bilingual voting
coordinators or outreach workers. The dissemination of materials and information in the covered
languages on election day is accomplished by the written translation of information and materials
at the polling place, including ballots, and the oral translation of those materials and information
by bilingual poll officials. In its recent agreement with Shannon County, South Dakota, for
example, the United States required that the County provide the electronic voting machine audio
ballot in the Lakota language, as well as assistance through bilingual poll officials.
In short, jurisdictions have flexibility to use targeting and choose reasonable methods to
enable effective participation by covered populations. Targeting allows a covered jurisdiction to
expend its resources within the jurisdiction in a way that will reasonably reach the individuals
the statute is intended to serve, not to give the jurisdiction a basis to completely disregard the
coverage determinations made by the Director of the Census. See 28 C.F.R. 55.17.
For example, a village with a single polling site and a small number of limited-English
proficient (LEP) individuals might need only one trained bilingual poll official present on
election day to provide effective assistance, as opposed to having all poll officials working at that
site be bilingual. Provision of that single bilingual poll official might be a sufficiently
“reasonable ste[p]” that additional efforts would be unnecessary. In contrast, at a large polling
site with a high number of LEP individuals, one bilingual poll official might not be sufficient and
more than one bilingual poll official might be necessary for the jurisdiction to satisfy the
“reasonableness” criterion. Similarly, a large city with a concentrated LEP population in a
limited set of voting precincts might act reasonably in targeting its use of bilingual poll officials
to the voting precincts with the greatest need, rather than hiring bilingual poll officials for each
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of the city’s precincts.
At the same time, the steps a covered jurisdiction takes towards compliance cannot be
viewed as “reasonable” if the jurisdiction fails to provide effective assistance to voters regarding
the content of the ballots. Hiring purportedly “bilingual” poll officials without ensuring their
fluency level or training them to competently perform their job is not reasonable and does not
reach the standard required by the Attorney General for Section 203 compliance. Reasonable
steps for the jurisdiction to take in that situation would be to ensure fluency, competence and
adequate training for the bilingual poll officials, so that they are able to provide effective
assistance.
In light of the plain language of the statute and the longstanding position of the United
States in enforcing the language minority requirements of the Voting Rights Act, Defendants are
incorrect when they argue that they do not have to provide all information that is provided in
English, in the covered Alaska Native languages, in the covered jurisdictions. See ECF Nos. 47,
69, 82, and 96; See also Transcript at 36-67. Section 203 requires that any election materials and
information provided in English must be provided in the covered language, in order to achieve
effective participation in the electoral process. The Defendants admit that they are not doing so.
Id. Defendants cannot merely assert that they are making a reasonable effort and expect that
effort to go unchallenged or unreviewed. The Alaska Native voters deserve more, and the law
requires more.
III. THE PROVISO IN SECTION 203 REGARDING HISTORICALLY
UNWRITTEN LANGUAGES ADDRESSES THE MEANS OF PROVIDING
SUBSTANTIVE INFORMATION TO NATIVE VOTERS, AND
PROVIDES NO EXEMPTION FOR PROVIDING THAT INFORMATION
The Defendants argued during the hearing on summary judgment that the proviso in
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Section 203 for historically unwritten languages, coupled with the flexibility in the Department’s
guidelines for implementation of Section 203 by a jurisdiction, allows the Defendants to
determine whether materials need to or should be provided and to what extent those materials
have to be provided. See Transcript at 40-44, 49-50, 56-61. The Defendants further argued that,
despite the coverage determination issued by the Director of the Census, they have discretion to
decide whether there is a need for information in a particular area, and what information needs to
be provided in the native language. Id. Defendants are wrong. Section 203 of the Voting Rights
Act is clear any election information or materials provided in the English language must also
be provided in the covered minority language. To be sure, Congress recognized that many of the
Alaska Native or American Indian languages are historically unwritten. But it did not therefore
exempt jurisdictions from providing all materials and information in those Native languages.
Rather, it provided that, to comply with Section 203, those jurisdictions covered for unwritten
languages are required to provide the translated information and assistance only in oral form.
Defendants’ purported exemption finds no support in the text of Section 203 or in three
decades of case law involving Indian country. For the last thirty years, the Attorney General has
required and courts have approved the same compliance obligations for jurisdictions covered
with respect to historically unwritten languages as for those covered with respect to written
languages. The only difference lies in the recognition that a purely unwritten language cannot be
required to be translated into written form. For covered jurisdictions in Indian Country, the
Attorney General has treated the following types of practices as evidence that a jurisdiction has
taken “reasonable steps”: hiring a bilingual voting coordinator and/or tribal liaison; training
bilingual poll officials who can explain the voting process in the Native language and orally
translate the ballot into the Native language during the voting process; creating an advisory
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group made up of members of the community; and translating, recording, and disseminating preelection
and election day information and materials in the Native language.5 See supra, at 6 n.4.
To read the oral translation proviso as enabling the Defendants to provide less
information to Alaska Native voters, or enabling Defendants to decide to not provide any
information at all would establish two classes of voters based on the language they speak one
entitled to a complete set of election information and the other receiving only a subset. That
result contradicts the plain language of the Voting Rights Act and years of precedent. Surely it is
not what Congress intended when it added the Section 203 protections in 1975. Jurisdictions
covered for Native languages, even though historically unwritten, must provide all election
information and materials to their Native voters.
IV. THIS COURT SHOULD DRAW NO INFERENCE THAT THE
ATTORNEY GENERAL BELIEVES THAT ALASKA IS IN
COMPLIANCE WITH SECTION 203
In their materials filed in opposition to the Plaintiffs’ motion for summary judgment, the
Defendants assert that they must be in compliance with Section 203, because they have never
been sued by the Attorney General. See ECF No. 69 at 4. They are mistaken. First, the fact that
the Department has not brought suit should not be construed as an indication that the Attorney
5 The legislative history reinforces the Attorney General’s view on the appropriate compliance
standards. During the Senate hearings prior to passage of Section 203, Congress discussed the
need to provide the same information and assistance orally for unwritten languages: “affected
jurisdictions [would need] to provide in the language of the protected group any registration and
election materials that are used by the public… [and] [i]f the language of the protected group is
not a written language (as used by members of the group), then the requirement of printed
materials in that language would not apply but oral assistance would be required.” Extension of
the Voting Rights Act of 1965: Hearings on S. 407, S. 903, S. 1409, and S. 1443 Before the
Subcomm. on Constitutional Rights of the S. Comm. of the Judiciary, 94th Cong. 1016 (1975)
(statement of Sen. John V. Tunney, Chairman, Subcomm. on Constitutional Rights).
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General has approval of or disapproval of the Defendants’ language program. Second, for many
years, the Department has had significant interactions with the Defendants related to numerous
voting matters that further confirm that the federal government has made no determination that
Defendants are in compliance with Section 203.
The Civil Rights Division of the Department of Justice to whom the Attorney General
has delegated responsibility for enforcing Section 203 has significant nationwide enforcement
responsibilities under numerous federal statutes, including many requirements of the Voting
Rights Act; the Uniformed and Overseas Citizens Absentee Voting Act; the National Voter
Registration Act; the Help America Vote Act; and the Civil Rights Act, among others. The
Department’s resources are not unlimited. Thus, no inference can be drawn from the fact that it
has not brought suit against a particular jurisdiction for a particular practice.
Indeed, that is precisely why many of the voting rights statutes the Department of Justice
enforces, including the Voting Rights Act, provide for a private right of action. See, e.g., Allen v.
Board of Elections, 393 U.S. 544, 557 (1969) (“The achievement of the [Voting Rights] Act's
laudable goal could be severely hampered, however, if each citizen were required to depend
solely on litigation instituted at the discretion of the Attorney General. … The Attorney General
has a limited staff and often might be unable to uncover quickly new regulations and enactments
passed at the varying levels of state government. It is consistent with the broad purpose of the
Act to allow the individual citizen standing to insure that his city or county government complies
…”); Cf. Perkins v. Matthews, 400 U.S. 379, 392 n.10 (1971) (noting “the acknowledged and
anticipated inability of the Justice Department given limited resources to investigate
independently all changes with respect to voting enacted by States and subdivisions covered by
the [Voting Rights] Act.”). Likewise, this was why Congress established a “dual enforcement
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mechanism” for enforcing voting rights. S. Rep. No. 94-295, at 40 (1975). Congress has “on the
one hand, given enforcement responsibility to a governmental agency, and on the other, has also
provided remedies to private persons acting as a class or on their own behalf.” Id.
The Attorney General has engaged with Defendants regarding Section 203 compliance on
several occasions. Defendants acknowledge that in 2011 the Attorney General informed the
Defendants of their new and continuing obligations under Section 203, including which Census
Areas, Boroughs and villages were covered for which language. See ECF No. 47-9, Exhibit I.
That letter also described best practices for effective language programs. Id.
More pointedly, the Attorney General has expressed concern with the Defendants’
failure to provide translations in covered jurisdictions both with respect to election-related public
service announcements (PSAs) and with respect to providing an audio ballot in the covered
Native languages on the touch-screen voting machines. See ECF Nos. 87-2, Exhibit 330, 90-2,
Exhibit 336, and 90-3, Exhibit 337.
The Attorney General’s concerns with Defendants’ compliance with Section 203 are
further reflected by his certification of the Bethel Census Area in Alaska for federal election
observers in 2009, since that certification rested on his finding that the “appointment of federal
observers is necessary to enforce the guarantees of the Fourteenth and Fifteenth Amendments of
the Constitution of the United States.” See 74 Fed. Reg. 51, 320 (Oct. 6, 2009).
Therefore, the fact that the Attorney General has not brought a lawsuit against the
Defendants under Section 203, to date, should not be taken as tacit approval of the Defendants’
language minority program.
V. CONCLUSION
As set forth above, the statutory language of Section 203 of the Voting Rights Act is
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clear: for covered jurisdictions like the ones involved in this lawsuit, any election information
and materials provided to voters in English must be provided in the language of the applicable
minority group as well. The State of Alaska must comply with Section 203 for the DCA, the
WHCA, and the YKCA for the Alaska Native and American Indian languages.
Whether the Defendants have taken all reasonable and effective steps to meet their
Section 203 obligations is a question of fact for the court to decide. But Defendants cannot claim
a wholesale exemption from the obligation to provide all election-related materials in the Native
languages. Defendants’ obligations and challenges are no different than those required of other
jurisdictions in Indian County. What is reasonable and effective, what has worked for many
jurisdictions, and what is required by other jurisdictions in Indian Country is set out in the
consent decrees and agreements entered into by the Attorney General and approved by the
courts. Those obligations attach by operation of Section 203; they are not contingent on
Defendants having been sued by the United States.
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Date: June 3, 2014
Respectfully submitted,
UNITED STATES OF AMERICA,
JOCELYN SAMUELS
Acting Assistant Attorney General
Civil Rights Division
KAREN L. LOEFFLER
United States Attorney
RICHARD L. POMEROY (AK Bar No. 8906031)
Assistant U.S. Attorney
222 West Seventh Avenue #9, Rm. 253
Anchorage, Alaska 99513-7567
Telephone: (907) 271-5071
Facsimile: (907) 271-2344
Richard.pomeroy@usdoj.gov
____/s/ SaraBeth Donovan_________
T. CHRISTIAN HERREN, JR
SARABETH DONOVAN (NE Bar No. 19798)
JANIE ALLISON (JAYE) SITTON
Attorneys
Voting Section, Civil Rights Division
U.S. Department of Justice
Room 7254 NWB
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Telephone: (202) 305-2552
Facsimile: (202) 307-3961
sarabeth.donovan@usdoj.gov
Attorneys for the United States
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CERTIFICATE OF SERVICE
I hereby certify that on June 3, 2014, a true and correct copy of the foregoing
STATEMENT OF INTEREST OF THE UNITED STATES OF AMERICA was served
electronically on the following parties of record pursuant to the Court’s CM/ECF system, which
automatically sends notice of filing to all attorneys of record:
Natalie A. Landreth, Esq. James Thomas Tucker, Esq.
Erin C. Dougherty, Esq. Sylvia O. Semper, Esq.
Matthew Newman, Esq. Wilson Elser Moskowitz Edlemen & Dicker LLP
Native American Rights Fund 300 South Fourth Street, 11th Floor
745 West Fourth Avenue, Suite 502 Las Vegas, Nevada 89101
Anchorage, Alaska 99501 james.tucker@wilsonelser.com
landreth@narf.org sylvia.semper@wilsonelser.com
dougherty@narf.org
mnewman@narf.org
Richard de Bodo, Esq.
Bingham McCutchen LLP
1601 Cloverfield Blvd., Suite 2050 north
Santa Monica, CA 990404-2055
rich.debodo@bingham.com
Counsel for Plaintiffs
Elizabeth Bakalar, Esq. Margaret Paton-Walsh, Esq.
Alaska Department of Law Alaska Department of Law
Office of the Attorney General Office of the Attorney General
State of Alaska State of Alaska
P.O. Box 11300 1031 West Fourth Avenue, Suite 200
Juneau, Alaska 99811-0300 Anchorage, Alaska 99501
libby.bakalar@alaska.gov margaret.paton-walsh@alaska.gov
Counsel for Defendants
By: /s/SaraBeth Donovan______
SaraBeth Donovan
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Statement of Interest of the United States of America
Exhibit 1
MEMORANDUM OF AGREEMENT·
Between the United States of America and Shannon County, South Dakota
This Memorandum of Agreement ("Agreement"), effective on the date signed below, is
entered into by and between the United States of America ("United States") and the Shannon
County, South Dakota, Board of County Commissioners and the Shannon County Auditor ("the
County"), in their official capacities.
By letter dated September 28, 2009, the United States informed the County that it had
authority to file suit against the County, alleging violations of Section 4(f)( 4) of the Voting
Rights Act of 1965, as amended, 42 U.S.C. § 1973b ("Section 4(f)(4)"), Section 203 of the
Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973aa-la ("Section 203"), and Sections
301 and 302(a) and (b) of the Help America Vote Act ("HA VA"), 42 U.S.C. §§ 15481 and
15482(a) and (b), arising from the County's election practices and procedures as they affect
American Indian residents of the county, including those American Indian residents who rely in
whole or in part on the Lakota language.
The County, its agents, employees, contractors, successors, and all other persons
1 representing the interests of the County (hereinafter, "the County and/or its agents") denies. the
United States' allegations and nothing in this agreement shall be a finding or an admission that
the County or its agents has violated either the Voting Rights Act or HA VA.
The County and its agents have been required to provide election information and
assistance in Lakota, pursuant to Sections 4(f)( 4) and 203 for Lakota-speaking American Indians
since 1976. This coverage has existed continuously since 1976 for Section 4(f)(4), and under
Section 203 from 1975 through 1992, and from 2002 to the present. 42 U.S.C. §§ 1973b and
1973aa-la(b)(2); 40 Fed. Reg. 43,044 (Sept. 18, 1975); 41 Fed. Reg. 783 (Jan. 5, 1976)
(corrected at 41 Fed. Reg. 1503 (Jan. 8, 1976)); 49 Fed. Reg. 25,887 (June 25, 1984); 57 Fed.
Reg. 43,213 (Sept. 18, 1992); 67 Fed. Reg. 48,871 (July 26, 2002); 28 C.F.R. §§ 55.1, 55.5(a),
and 55.6(a) and Part 55 Appendix. A declaratory judgment has not been issued by the United
States District Court for the District of Columbia relieving Shannon County of its obligations
tinder Section 4(f)(4). See 42 U.S.C. s 1973b(a).
"Limited-English proficient" is defined in Section 203 as "unable to speak or understand
English adequ,ately enough to participate in the electoral process." 42 U.S.C. § 1973aala(
b)(3)(B); 28 C.F.R. § 55.6(b). The American Indian Sioux voting age citizens who speak
English less than very well (hereinafter, "limited-English proficient") are not sufficiently
proficient in English to participate effectively in the electoral process when conducted solely in
the English language. See 42 U.S.C. §§ 1973b(f)(l) and 1973aa-la(a); 28 C.F.R. 55.2(b).
Sections 4(f)(4) and 203 require_that all information about voter "registration or voting
notices, forms, instructions, assistance, or other materials or information relating to the electoral
process, including ballots," provided by the County and its agents in English must also be
provided orally in the Lakota language to the extent necessary to allow language minority group
members to be informed of and participate effectively in the electoral process and all votingrelated
activities. 42 U.S.C. §§ 1973b(f)(4) and 1973aa-la(c). CThe requirements of Sections
4(f)(4) and 203 apply to all stages of the electoral process, "including, for example, the issuance,
at any time during the year, of notifications, announcements, or other informational materials
concerning the opportunity to register, the deadline for voter registration, the time, places and
subject matters of elections, and the absentee voting process." 28 C.F .R. § 5 5 .15. Because the
Lakota language is a historically unwritten language, the County and its agents are required to
2
furnish oral instructions, assistance, and other information relating to registration and voting in
the Lakota language to limited-English proficient Lakota-speaking voters. 42 U.S.C. §§
1973b(f)(4) and 1973aa-la(c); 28 C.F.R. § 55.12(c).
The County has been subject to the requirements of Section 301 of HA VA since January
1, 2006, and Sections 302(a) and (b) of HA VA since January 1, 2004. 42 U.S.C. §§ 1548l(d)
and 15482(d). Under Section 301(a)(3) of HA VA, the County and its agents are required to
provide in each polling place a voting system that is accessible for individuals with disabilities
and provides the same opportunity for access and participation, including privacy and
independence, as for other voters during elections for federal office. 42 U.S.C. § 15481(a)(3).
The voting system must also provide alternative language accessibility pursuant to the
requirements of Section 203. 42 U.S.C. § 15481(a)(4). Under Section 302(a) of HA VA, the
County· and its agents are required to offer provisional .ballots and provide provisional voters with
written information informing them of a free system available to ascertain whether their vote was
counted during elections for federal office. 42 U.S.C. §15482(a). Under Section 302(b) of
HA VA, the County and its agents are required to post certain election-related information at each
polling site during elections for federal office. 42 U.S,C. §15482(b).
According to the 2000 Census, the County has a total population of 12,465, of whom
11,090 (89%) are American Indian (Sioux). The County has a total voting age population / .
("V AP") of 6,855, of whom 5,900 (86%) are American Indian Sioux. Of the American Indian
Sioux voting age citizens in the County, 400 (6.8%) are limited-English proficient and speak the
Lakota language.
3
The United States alleges and the County and its agents deny that the County and its
agents have not complied wit.li Sections 4(±)(4) and 203 in conducting public elections within the
County by, among other things, failing to provide all election information and materials orally in
the Lakota language and by failing to adequately recruit and train bilingual election officials to
provide this information and assist limited-English proficient Lakota-speaking American Indian
voters with absentee and early voting and at the polls on election day, in a manner necessary for
effective participation in the electoral process.
The United States further alleges, and the County and its agents deny, that the County and
its agents have not complied with Sections 301and302 of HA VA by, among other things, failing
to provide in each polling place a voting system that provides the same opportunity for access
and participation by voters with disabilities, including privacy and independence, as for other
voters during elections for federal office, by failing to make operational the alternative language
accessibility on voting systems, by failing to offer provisional ballots to voters when theYmeet
specified criteria, by failing to provide provisional voters with written information notifying them
of a free system available to ascertain whether their vote was counted, and by failing to publicly
post certain required election-related information at each polling site during elections for federal
office.
To avoid protracted and costly litigation, the parties, through counsel, have agreed that
this matter should be resolved through the terms of this Agreement. Whenever the County or its
agents enter into an election services contract with any other entity, political subdivision, or
political party to conduct an election on behalf of the County or its agents, the County and its
agents shall require such entity to agree to abide by the terins of this Agreement as if such entity
4
were a party to this Agreement with the United States.
Accordingly, it is hereby agreed by the parties that:
1. The County and its agents are committed to comply fully with all of the
requirements of Sections 4(±)(4) and 203 of the Voting Rights Act and Sections 301 and 302(a)
and (b) of HA VA in future elections. Therefore, the County and its agents stipulate and agree to:
(a) orally provide in the Lakota language "any registration or voting notices, forms,
(
instructions, assistance, or other materials or information relating to the electoral process,
including ballots," that they provide in English, as required by Sections 4(£)( 4) and 203, and to
ensure that poll officials receive the necessary training to provide the same;
(b) ensure that poll officials receive adequate training regarding the use and functions of
the accessible voting system, the need to ensure that the voter is able to vote privately and
independently, and the availability of the Lakota audio ballot on the voting system and how to
·operate it, as required by Section 301 of HA VA;
( c) ensure that poll officials receive adequate training regarding the circumstances under
which provisional ballots should be offered, and the need to provide written information to the
voter that informs them of a free system available to them to ascertain whether their provisional
ballot was counted, as required by Section 302(a) of HA VA; and,
( d) ensure that poll officials receive adequate training regarding the need to post all
HA VA-required information, as required by Section 302(b) ofHAV A.
Lakota Election Information Program Coordinator
2. The County and its agents shall designate and employ a part-time individual to
coordinate ("Coordinator") the County's Lakota Election Information Program ("Program") that
5
will incorporate the duties and responsibilities contained within this Agreement and focus on
providing voter education, and election information and materials ill the Lakota language for all
·-
elections administered by th,e County, and ensure proper iniplementation of procedures unique to
HA VA for all elections for federal office administered by the County. The Coordinator shall
understand and speak Lakota and English fluently and perform those responsibilities specified in
this Agreement and closely related election activities, as may be provided in a separate written
agreement of the parties.
3. The Coordinator shall be hired by the County after seeking recommendations
from the President of the Oglala Sioux Tribe (hereinafter, "tribal president" or "OST") or his or
her designee, and in compliance with the County's nonnal job.selection process. The County
recognizes that the ability of the Coordinator to work closely and cooperatively with the OST is
an essential job-related requirement for the position.
4. The Coordinator shall be hired on a part-time basis and duties carried out
according to the schedule attached hereto as Attachment A.
5. The Coordinator shall be fully briefed and trained by the contracting election
official and the Secretary of State's Office, as appropriate, concerning the duties and
responsibilities under this Program and all aspects of the federal, state and local election process,
and shall attend all election seminars conducted by those offices.
6. The Coordinator shall oversee the County's Program generally and attend County
Commissioner meetings on a regular basis, make him or herself available for presentation and
comment at each tribal council meeting, and seek to attend and present election information at
other public meetings and gatherings within the county, including but not limited to monthly
6
tribal district elderly meetings and elderly lunch program gatherings, as outlined in Attachment
A.
7. In July of2010 and Febmary and July of 201~, the Coordinator shall work with
the tribal president or his/her designee to identify other opportunities to dis$eminate election
information to elderly American _Indians within the county. During that time, the Coordinator
shall compile a list of such possible meetings, functions or groups before whom presentations
might be made, and determine a schedule for attendance. Soon thereafter, the Coordinator shall
notify the tribal president or his/her designee and the United States, in writing, of the meetings
and groups before which the Coordinator will appear.
8. The Coordinator shall work primarily out of a Satellite Elections Office
established within the County. See paragraphs 11-13, infra. The parties recognize tliat the
Coordinator may need to be present in the office of the contracting election official at times, but
understand that during the month prior to any election, the Coordinator should be present in the
County to provide services to elderly American Indian voters.
9. The Coordinator shall be available on election day in Shannon County to assist in
whatever capacity upon direction from the contracting election official, such as obtaining a
replacement for any last-minute bilingual poll official vacancy, transmitting supplies, calling in
election related questions or issues, fixing voting machines, etc.
10. The County shall provide the Coordinator with support sufficient to meet the
goals of the program, such as establishing a travel, equipment, and supply budget.
Satellite Elections Office
11. The County shall establish a Satellite Elections Office within the County at a
7
location convenient to the Lakota-speaking population, and with the cooperation and consent of
the tribal president or his/her designee. The United States is available for consultation and
suggestions regarding locations that have proven successful in other jurisdictions.
12. The Satellite Elections Offi~e shall serve as the principal place of business for the
Coordinator, as a library of written and recorded election information, as a distribution point for
the dissemination of election information, and as a site for the p' erformance of other electionrelated
functions. The Satellite Elections Office shall contain a locked room or space to store
materials such as registration forms, absentee ballot applications, and other supplies.
13. A supply of all forms, copies and materials collected or produced as a result of or
necessary to complete the duties and functions of this Agreement, shall be maintained at each
Satellite Elections Office.
Intergovernmental Coordination
14. The County shall request and accept all training, materials, and services available
from the State of South Dakota in furtherance of the implementation of this program, and shall
encourage the production of such materials by the State. The Coordinator shall remain in regular
contact with the contracting election official for advice and assistance associated with the
Program. The County shall encourage the assistance of such state personnel, and shall at all
times welcome their presence to assist in implementation of this Program or in any phase of the
election process.
15. The County is encouraged to work with other counties in South Dakota and the
Secretary of State's Office, including the development of standard terminology for the translation
of election materials into Lakota, and to obtain cost savings in the implementation of effective
8
American Indian language programs for elderly American Indian voters.
16. The County shall invite the tribal president or his/her designee to assist in all
phases of the Program. To assist in uniformity and accuracy in the translation of election
materials prior to dissemination of any translation, the County shall make such translations
available to the tribal president or his/her designee and shall provide reasonable opportunity for
review and comment.
17. The parties recognize the separate powers and authority of the tribal government,
and nothing in this Agreement limits or infringes on tribal powers or authority. Accordingly,
where this Agreement provides for the County to perform acts in consultation and cooperation
with the government of the Oglala Sioux Tribe, the County is obligated to undertake all good
faith and reasonable efforts to perform such consultation and obtain such cooperation. In the
event consultation or cooperation is not possible, the County shall notify counsel for the United
States promptly and prior to the date for the performance of the act or event. To avoid
misunderstanding, the Shannon County Board of County Commissioners and the contracting
election official agree to seek, within ten (10) days of the date of this Agreement and at least
'.·
annually thereafter, meetings with the tribal president or his/her designee to discuss their
respective governmental structures, schedules and decision-making processes, and the
implementation of this Agreement.
Translations and Dissemination of Election-Related Information
18. All election-related materials, information, and announcements that the County
plans to disseminate to voters, shall be orally translated into the Lakota language by the
Coordinator or outside sources and recorded on audio tapes, video tapes or compact discs, as
9
appropriate, within ten (10) days of its availability to the County. These audio translations shall
be disseminated to medfa outlets within the county and made available to elderly American
Indian voters through the Coordinator.
19. Separate audio recordings shall be provided for each election-related subject
matter so as to avoid lengthy recordings, and enable easy access to particular topics, and the
County shall make every effort to ensure that recordings do not exceed five minutes in length. A
library of currently applicable audio recordings, together with.English transcripts or text, shall be
/ maintained by the Coordinator at the Satellite Elections Office. Copies of all materials prepared
pursuant to this Agreement shall be provided to the ·tribal president or his/her designee and the
United States.
20. The County shall ensure the creation of accurate translations of election
information, either by the Coordinator or by entering into written contracts with qualified
persons. The County may use audio recordings provided by the State of South Dakota, and may
coordinate the production of recordings with other counties within the State, but the County shall
be responsible for addressing promptly and, if necessary, correcting or clarifying any translation
upon an adverse report from the Coordinator, the tribal president or his/her designee, or the
Lakota translator utilized by the State. The County shall seek the assistance of the State in
identifying and retaining translators or subject matter experts to assist in translation of technical
or complicated election-related materials. In the event the State fails to provide such translators
or subject matter experts, or in the event a dispute as to translation arises, the County shall ·
contact counsel for the United States.
10
21. The County, through the Coordinator, shall make a formal request and engage in
all reasonable efforts to ·make oral presentations and ensure that the relevant subject matter
recording(s) is played.in at least one tribal council meeting, at least one monthly elderly meeting,
'
and at least one elderly lunch gathering per month, as outlined in Attachment A and in
accordance with paragraph 24, infra. At those meetings, the Coordinator shall be available to
answer any ques_tions concerning the subject matter of the tape or other election information or
procedures discussed.
22. Election information shall be distributed in the Lakota language through the radio.
Dissemination of these minority language announcements shall be in the form, frequency, and
media best calculated to achieve notice and understanding equal to that provided to the Englishspeaking
population and to provide substantially the same information. Each dissemination shall
I .
refer the audience to the Coordinator for detailed information.
23. The County's obligation to make such media announcements in the Lakota
language shall be satisfied by "notice" ~nnouncements providing a brief general description of
the subject matter and a reminder that detailed information is available with the Coordinator.
The County shall not be required to broadcast in the Lakota language the full text of
constitutional amendments, election proclamations, or other lengthy election-related
announcements. The County shall distribute audio recordings for broadcast on KILI Radio in
Porcupine.
24. The County shall disseminate the following election information in the Lakota
language through taped radio broadcasts (and presentations discussed in paragraph 21, supra).
The Coordinator shall transmit the oral translations of notices and information to KILI Radio
11
starting on the same date as required by state law for written notices or as listed below if not
required by state law, with specific directives to air those notices as Public Service
Announcements ("PSAs") at least once a day for the information contained in paragraphs (a)
through (b) and twice a week for the information contained within paragraph (c):
(a) Voter Registration (One week prior to registration deadline for the June 8, 2010
election and 30 days prior to registration deadline for all other elections): Voter registration
procedures; voter registration cutoff dates, voter registration locations; the availability of voter
registration opportunities at monthly elderly meetings; and the name of the Coordinator who can
assist the elderly in registering to vote.
(b) Absentee Voting (during absentee period for June 8, 2010 election and 10 days
prior to and during absentee period for all other elections): Absentee voting procedures; the
absentee ballot application and ballot; the deadlines of same; the availability of the Coordinator
to assist elderly voters in completing their ballot application and their ballot; and the times and
locations for doing so.
(c) Prior to Election Day (During the thirty (30) days leading up to the June 8, 2010
election and during the sixty (60) days prior to Election Day for all other elections) -Information
regarding the following: the date of the election; polling place hours; locations of polling places;
the offices on the ballot, and the names and party affiliation of each candidate; a brief summary
of each ballot proposition; polling place procedures; the identification requirement and affidavit
option; how to cast a vote; provisional ballots, including what they are, when they are used, and
how to cast one; the availability of written information that informs provisional voters of a free
system through which they can ascertain whether their vote was counted; the availability of a
12
voting machine that is accessible to persons with disabilities and allows them to vote with
privacy and independence and provides the audio ballot in Lakota; the availability of trained
bilingual Lakota-speaking poll officials at the polls to provide Lakota language assistance; the
need for bilingual Lakota-speaking individuals to serve as poll officials and provide Lakota
language assistance to elderly American Indian voters; and the information contained in the
2 "x3" poster created by the Secretary of State required to be posted in the polls on election day
(i.e. general information on voting rights, who to contact if these rights have been violated,
infoi"mation on federal and state laws regarding prohibitions on acts of fraud and
misrepresentation).
( d) Any other election information provided or published in English, according to the
same deadlines or publication dates as required for English.
25. The Coordinator shall coordinate publicity efforts with tribal president or his/her
designee and utilize same for the training of poll officials and conducting voter education to
elderly Lakota-speaking American Indian voters in the County.
Lakota Language Assistance
26. Lakota language assistance shall be available at all polling places through trained
bilingual personnel who are able to understand and speak Lakota and English fluently. The
County shall consult with the tribal president or his/her designee to identify bilingual individuals
qualified to work at the polls.
27. Consistent with S.D. Codified Laws§ 12-15-1 and 12-15-2, at least thirty (30)
days prior to the election, the County Auditor and Coordinator, shall recruit, hire, and assign
bilingual poll officials, including individuals to serve as a backup in the case of a cancellation, to
13
provide effective language assistance to limited-English proficient, elderly American Indian
Lakota-speaking voters in each precinct on election day. The parties recognize that the County
may need to make adjustments to precinct boards by hiring and assigning additional poll
officials, within thirty (30) days prior to the election, consistent with S.D. Codified Laws § 12-
15-1 and 12-15-2. The Coordinator shall conduct oral testing of the bilingual poll officials'
language ability, in Lakota, to ensure the effectiveness ·and confidence of those individuals.
28. The bilingual, Lakota-speaking poll officials shall be prepared to offer to every
elderly Lakota-speaking American Indian voter, orally in Lakota and without being asked to do
so by the voter, election information contained in the English signage located inside and outside
the polling sites, the contents of the ballot, and the availability of the AutoMark electronic voting
system. Each polling place on election day shall have a bilingual poll official trained to operate.
the AutoMark electronic voting system.
Poll Official Training and Election Day Procedure
29. At least seven (7) days prior to the election, at a location within the County and in
the Lakota language, in addition to any required State training, the County shall train all poll
officials and other election personnel present at the polls regarding the following:
(a) Election day procedures including the identification requirement, the.
contents and issues appearing on the ballot, and the necessary signage to be posted;
(b) The requirements of Sections 4(f)(4) and 203, including the legal
obligation and implementation of that obligation to provide language assistance and election
information to elderly American Indian voters in Lakota, and the requirement that poll officials
14
be respectful and courteous to all voters regardless of race, ethnicity, color, or language abilities
and to avoid inappropriate comments;
( c) The provisions of federal and state law regarding assistance to voters,
including who can assist voters, when and how.
(d) The provisions of Section 301 of HA VA, including the requirement to
ensure an electronic voting system, such as the AutoMark, is operational in each polling place
and is accessible to persons with disabilities in a manner that provides the same opportunity for
access and participation, including privacy and independence, as for other voters; and includes a
working Lakota audio ballot;
(e) The provisions of Section 302(a) of RAVA, including having provisional
ballots available at each polling place, the circumstances in which voting by provisional ballot is
appropriate, the procedures for completing a provisional ballot, the need to give provisional
voters written information that informs them of a free system by which they can ascertain
whether their vote was counted and, if not, why not; and,
(f) The provisions of Section 302(b) of HA VA, including posting all HAVArequired
signs so that all voters can easily view such signs in each polling location.
In addition to the general training for poll officials, the County shall train all bilingual
poll officials on Lakota language election terminology, including translation of the entire ballot,
voting instructions, information on signs to be posted in the polls, and other election-related
issues. Further, the County shall train all bilingual poll officials on Lakota language terminology
on voting machin~ operation, including the operation of electronic voting systems that are
accessible for voters with disabilities. Such training shall include the use of audio, video or
15
compact disc recordings of the entire ballot in the Lakota language. A copy of all such
recordings shall be provided to each poll official at the training, along with an English language
sample ballot, and the County shall ensure that the poll officials have access to appropriate
equipment for playing the recordings during the period prior to the election. -The County shall
maintain a written record of each training session, including the date, time, location, training
personnel involved, and the names of all poll officials attended.
30. The Coordinator and poll officials shall monitor the polls during the course of
each election to identify and record each instance in which unreasonable delays occur either in
voting or in translation of the ballot. \Vb.ere such delays occur, the County shall take whatever
,,--'
steps are necessary to ensure that such delays do not recur in future elections.
31. Poll officials in each precinct shall maintain a record. of all persons who come to
the polls but are not allowed to vote in that precinct. This record shall include each voter's name,
race, address, the reason the person thought he or she was eligible to vote at that site, the reason
for not permitting the person to vote, and whether the voter was offered a provisional ballot.
32. A list of the persons not permitted to vote and the reasons given shall be provided
to the Coordinator. The Coordinator shall contact each such person who is otherwise eligible to
vote and provide an opportunity for that person to register to vote at ~he earliest possible time,
and create a record containing the date of contact and registration, and any additional training,
publicity, or other steps that the coordinator believes would be useful to prevent a similar
incident in the future.
Voter Registration
16
33. The County shall provide the Coordinator with necessary voter registration lists,
forms, maps and materials, and these materials shall be maintained by the Coordinator in the
Satellite Elections Office.
34. The contracting election official shall be available to offer assistance, expertise,
and training regarding voter registration to those employees at the voter registration agencies
designated pursuant to Section 7 of the National Voter Registration Actof 1993, ("NVRA"), 42
u.s.c. § 1973gg-5.
Absentee and Early Voting
35. The County is committed to maximizing absentee voting opportunities for elderly
Lakota voters who are limited-English proficient. The Coordinator shall have an adequate supply
of absentee ballot applications and be authorized to deliver those applications to elderly
. American Indian voters and provide language assistance for their completion. The Coordinator
shall be authorized to provide language assistance to elderly American Indian voters in
completing their absentee ballots and assist in the delivery of those ballots to the U.S. Mail.
36. The contracting~election official shall imniediately notify the Coordinator when
absentee ballot applications have been rejected and the Coordinator shall assist those persons in
correctly completing a new application.
3 7. If the County conducts early voting, the County shall hire at least one trained
bilingual poll official to be present on site and provide an operational voting machine on site
during the early voting. Notice regarding the.early voting dates, times, locations, and the
presence of bilingual poll official(s) and voting machine(s) with an audio ballot in Lakota, shall
17
be published in the Lakota language in the manner and frequency set forth in paragraphs 18-23,
24(b) and 25, supra.
Program of List Maintenance
38. Whenever a voter in the County is scheduled to be removed from the voter rolls
on the basis of a change of address, the name of the voter shall be given to the Coordinator. In
the event the contracting election official determines that the voter is eligible to vote, the
Coordinator shall contact that individual and offer assistance in updating that individual's
registration.
Election Monitoring
39. To ensure effectiveness of this Agreement, the County understands that the United
States may deploy personnel to monitor the elections conducted in the County during the life of
the Agreement. The County recognizes the authority of the election monitors to observe all
aspects of voting conducted in the polls on election day, including the authority to view County
personnel providing assistance to voters during voting, except where the voter objects. Any
monitors deployed by the United States shall immediately introduce themselves to poll officials
upon entering the polling place, and to any other County personnel as they come to the attention
of the monitors, and provide credentials upon request.
Evaluation of the Program
40. The parties recognize that regular and ongoing reassessment may be necessary to
provide the most effective and efficient Election Information Program and to ensure compliance
with the Voting Rights Act and the Help America Vote Act. The County shall evaluate the
Program after each election to determine which areas are functioning well, those that need
. ~ .
18
improvement, and how to implement needed improvements. The United States shall provide
similar input to the County after each election, and be available to confer regarding adjustment
and changes to the Program. The Program may be adjusted at any time upon joint written
agreement of the parties, and subject to the preclearance requirements of Section 5 of the Voting
Rights Act of 1965, as amended, 42 U.S.C. § 1973c.
Record Keeping and Reporting Requirements
41. Throughout the duration of this Agreement, the County shall maintain at the office
of the contracting election official and.the Satellite Elections Office, written records of all actions
taken pursuant to this Agreement, all written and audio materials produced, and statistical
records, including but not limited to:
(a) Voter Registration - The total numbers of registered voters and new registrations
by precinct on a monthly basis, including where and by whom they were registered, including·
voter registration agencies;
(b) Voters Removed from Voter Rolls - During each list maintenance period, by
precinct: the total number of voters removed from voter rolls for failure to vote and date of
removal; the total number of voters reinstated by returning post cards and dates of reinstatement;
and the total number of voters validated by other means;
(c) Absentee Voting - For each election, per precinct: The total number of mail
requests for absentee ballots and number of absentee votes cast pursuant to mail requests; the
total number of absentee or early voting ballots cast in person at the office of the contracting
election official; and
19
( d) Publicity - For each election, the date, time, place and substance of each: radio;
written publication and posting; presentation by the Coordinator, including the occasion for the
presentation and the approximate number of persons in attendance; instance in which an electionrelated
recording was played, including the occasion for same and the approximate number of
persons in attendance.
42. The County shall also maintain and produce copies, ifrequested by the United
States, of these records, recordings and papers, along with all other records related to voter
registration and acts requisite to voting, as otherwise required by federal law.
43. Throughout the duration of this Agreement, at least 30 days before each Countyadministered
election, the County, shall provide to counsel for the United States:
(a) the name, address, and precinct designation of each polling place;
(b) the name and title of each poll official appointed and assigned to serve at
each precinct;
( c) a designation of which poll officials are fluent in English and Lakota;
( d) copies of all signs and writteri information provided at polling places; and,
( e) copies of all recorded audio translations of notices, ballots or other
election-related information to be used by the County or any other entity,
and a schedule of the expected dates and times for broadcasting or
dissemination of the information contained therein.
The County shall promptly supplement this information as any changes develop or new I •
information is received. Within twenty-one (21) days after each such election, the County shall
' ' provide to counsel for the United States any updated report regarding changes in these items as
20
well as information about all complaints the County received at the election regarding language
or assistance issues, by electronic mail to counsel of record, facsimile, or express mail to the
following address:
[Counsel of Record]·
Voting Section, Civil Rights Division
United States Department of Justice
1800 G Street, N.W., Room NWB-7254
Washington, D.C. 20006
Facsimile: (202) 307-3961
The United States is willing to supply its billing number for express mail to the County
for transmittal of information in this manner. Any other notice to the United States shall be
conducted in this same manner.
Notice or other transmittal of information to the County by the United States shall be sent
by electronic mail to counsel of record, facsimile, or express mail to the following address:
[Counsel of Record]
Fall River County State's Attorney
906 N. River St.
Hot Springs, SD 57747
Facsimile: (605) 745-3855
The parties shall notice each other of any change in the above addresses within ten (10) days of
said change.
44. , For the life of the Agreement, the County shall compile a Quarterly Report of the
efforts taken pursuant to this agreement during the preceding three months, an assessment of the
effectiveness of each phase of the Program, and a recommendation of the steps to be taken, if
any, to improve the participation of elderly, limited-English proficient voters. Copies of the
report shall be provided to the United States and the tribal president or his/her designee.
21
Other Provisions
45. Nothing in this Agreement changes, limits, or absolves the responsibilities and
obligations of the County under Section 5 of the Voting Rights Act of 1965, as amended, 42
U.S.C. § l 973c, to obtain preclearance of all changes affecting voting before implementation, or
under any other federal law. The County shall promptly submit all proposed changes affecting
voting for review under Section 5 of the Voting Rights Act.
46. Defendants shall, within twenty (20) days after entry of this Agreement, submit to
the Attorney General for administrative review under Section 5 of the Voting Rights Act, the
voting changes occasioned by this Agreement.
4 7. This Agreement is final and binding between the parties and their successors in
office. It shall remain in effect through February 28, 2013.
48. This agreement is made with the understanding that this is the beginning of a
positive working relationship between the parties which shall continue in the future to ensure that
each successive election is better than the last. The United States agrees to provide written
feedback regarding any concerns it has with the County's implementation of the terms of this
Agreement. The parties shall then confer in an attempt to resolve those concerns. The County
shall be given a reasonable opportunity to cure those concerns. Both parties to the agreement are
committed to making this relationship successful.
49. If the United States concludes that the County or its agents are in substantial and
material breach of this agreement, upon notice by the United States, the County shall have thirty
(30) days to cure the alleged breach. Prior to filing any action in federal court to enforce the
terms of the agreement herein, the County's designee(s) and the United States' designee(s) shall
;
22
meet face-to-face to resolve any disagreements and/or disputes concerning such breach. In the
event the alleged breach is not cured, the United States reserves the right to file an enforcement
action in federal court.
50. Nothing in this agreement shall be construed so as to place personal liability upon
any Shannon County official, Fall River County official, poll official, contracted agent,
contracted election official, and or any election official in their personal capacity.
51. The parties recognize that the program outlined herein will receive funding
through HAVA reimbursement from the South Dakota Secretary of State's Office as described in
Attachment B.
23
Agreed to this 23 day of April, 2010
AGREED AND CONSENTED TO:
For the Plaintiff,
UNITED STATES OF AMERICA:
ERIC H. HOLDER JR.
Attorney General
THOMAS E. PEREZ
Assistant Attorney General
Civil Rights Division
BRENDAN V. JOHNSON
United States Attorney
DIANA RYAN
Assistant United States Attorney
District of South Dakota
P.O. Box 2638
Sioux Falls, SD 57101-2638
•/~
T. CHRISTIAN HERREN JR.
TIMOTHY F. MELLETT
SARABETH DONOVAN
JARED M. SLADE
Attorneys, Voting Section
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW, NWB 7254
Washington, D.C. 20530
Telephone: (202) 305-2552
Facsimile: (202) 307-3961
sarabeth.donovan@usdoj.gov
j ared.slade@usdoj.gov
Attorneys for Plaintiff
United States of America
24
For the Defendants,
SHANNON COUNTY, et al.:
~wA1Y~~
CONNIE WHIRL WIND HORSE
Chair, Shannon County Commissioners
SUEGANJE
Shannon County Auditor
906 N. River Street
Hot Springs, SD 57747
Ph: (605) 745-3996
Facsimile: (605) 745-6835
sue. ganj e@state.sd. us
MEMORANDUM OF AGREEMENT
Between the United States of America and Shannon County, South Dakota
ATTACHMENT A
Shannon County, South Dakota, Election Information Program
Voting Rights Coordinator (VRC) Duties/Timetable for Elections:
June 8, 2010 and November 2, 2010
June 5, 2012 and November 6, 2012
Primary Election June 2010:
Third week in April:
- County Commissioners and/or County Auditor will interview applicants and hire a
VRC no later than April 23, 2010.
Last week in April:
- Attend training session in Hot Springs with County Auditor related to election
procedures generally, duties of the VRC, and the requirements of the Memorandum of
Agreement.
- Contact the Secretary of State to obtain their Lakota translations of the ballot, and the
voter registration notice. Upon receipt of that information, begin duplicating those
translations on tapes or other appropriate media for use by KILI radio and outreach
efforts, as set out in paragraphs 18-25 of the Agreement.
- Begin translations of procedures and information set out in paragraphs 24(a) and (b) of
the Agreement in the manner set out in paragraphs 18-25 of the Agreement.
- Begin preparing the dissemination directions and packets for KILI radio to eventually
accompany the translations.
- Send letter to the Tribal President or her designee requesting a list of names of potential
bilingual Lakota-speaking poll officials for election day.
- Request KILI radio to publicize the County's hiring of the Coordinator, including his or
her name and duties related to elderly, Lakota-speaking voters, and to advertise for
bilingual Lakota-speaking poll officials.
·First week in May:
.. Create and/or update translations and record them on tapes, along with those received
from the Secretary of State. Translations should include, that information contained in
paragraph 24 of the Agreement, and in the manner described in paragraphs 18-25 of the
Agreement.
- Schedule elderly meetings to attend the second and third weeks in May.
- Finalize and send dissemination directions/packets/applicable translations to be sent to
KILI radio of all translated information, including advertisements about the
Coordinator's presence at elderly meetings during the second and third weeks in May to
present election information and assist with absentee voting, and the need for bilingual
poll officials. ·
- Begin recruiting bilingual poll officials including meeting with Tribal President or
designee, coordinating with Shannon County commissioners, and advertising on KILI
radio. ·
- Assist elderly Lakota-speaking voters in filling out registration applications, absentee
ballot applications and absentee ballots. ·
Second week in May
- Conduct one (1) elderly-focused meeting per tribal district (6 total meetings) to present
election information in Lakota, including: absentee ballot procedures; assistance in
.completing absentee ballot applications; assistance in filling out absentee ballots; dates of
primary election; offices on ballot; the identification requirement; the presence of
bilingual poll officials at the polls to provide Lakota language assistance; the availability
of Lakota audio on voting machine; and provisional ballot information, etc.
- Confirm that publication packets have been received by KILI Radio and that
publications are on track according to the Agreement, particularly regarding absentee
voting, the upcoming elderly meetings to be attended by the Coordinator, the date of the
election, and the presence of bilingual poll officials at the polls.
- Finalize bilingual poll official recruitment and hiring, including a list of backup
bilingual poll officials.
- Prepare for bilingual poll official translation training.
Third Week of May:
- Conduct one (1) elderly-focused meeting per tribal district (6 total meetings) to present
election information in Lakota, including: absentee ballot procedures; assistance in
completing absentee ballot applications; assistance in filling out absentee ballots; dates of
primary election; offices on ballot; the identification requirement; the presence of
bilingual poll officials at the polls to provide Lakota language assistance; the availability
of Lakota audio on voting machine; and provisional ballot information, etc.
- Continue to finalize bilingual poll officials and prepare for bilingual poll official
translation training.
- Ensure that KILI Radio is broadcasting according to the agreement, with particular
emphasis on the contents of the ballot, absentee voting and the presence of bilingual poll
officials at the polls.
Last full week of May:
- Continue outreach to elderly Lakota-speaking voters regarding polling places, hours the
polls are open, the presence of bilingual poll officials at the polls on election day to
provide Lakota language assistance and the names of those officials, and the contents of
the ballot.
- Train bilingual poll officials on the Lakota translation of the entire ballot content and
2
election procedures, how to provide effective Lakota language assistance at the polls, and
how to assist elderly Lakota-speakers in using the voting machines.
- Ensure that KILI Radio is broadcasting the absentee voting and other election
information according to the Agreement.
Anytime during the Month:
- Maintain regular office hours in satellite elections office when not making field visits to
provide elderly Lakota-speaking voters with election information, and absentee voting
assistance. -
- Keep reports up to date.
Full Week Prior to Election Day:
- Maintain regular office hours in satellite elections office when not making field visits to
provide elderly Lakota-speaking voters education, information, and absentee voting
assistance.
- Assist elderly Lakota-speaking voters in filling out absentee ballots.
- Ensure that KILI Radio is broadcasting the absentee voting and other election
information according to the Agreement.
Election Day:
- Visit polling places to ensure that bilingual poll officials are present and engaged with
voters providing election information in Lakota, and that other procedures are in place,
including voting machines are operational, provisional ballots and verification
information is available and being used, and signage is properly posted.
Week After the Election:
- Compile Post-Election Report.
General Elections November 2010 and 2012:
August
- Attend training sessions in Hot Springs with County Auditor (training on: election
procedures generally; duties of the Coordinator; and requirements of Memorandum of
Agreement.
- Meet with Tribal Presi~ent or designee to identify opportunities to disseminate election
information to elderly Lakota-speaking county residents.
Anytime during the Month:
- Attend 2 elderly-focused meetings per tribal district (12 total meetings) to present
3
election information in Lakota, including: registration procedures; registration deadlines;
assist in filling out registration applications; dates of primary election; and the presence
of bilingual poll officials at the polls. Inquire as to suggestions for bilingual poll
officials.
- Keep reports up to date.
First Two Weeks In August:
··Create/Update translations and record them on tapes. Translations should include that
information contained in paragraph 24 of the Agreement, and in the manner described in
paragraphs 18-25 of the Agreement.
- Start recruitment of bilingual poll officials including meeting with Tribal President or
designee and coordinating with Shannon County con;imissioners.
Last Two Weeks in August:
- Prepare dissemination directions/packets/applicable translations to be sent to KILI
radio; these should include registration and absentee voting procedures and deadlines,
along with other information defined in the Agreement. ·
September
Anytime during the Month:
- Attend 2 elderly-focused meetings per tribal district (12 total meetings) to present
election information in Lakota, including: registration procedures; registration deadlines;
assistance in filling out registration applications; absentee ballot procedures; assistance
with completing absentee ballot applications; dates of primary election; offices and
propositions on the ballot; the availability of bilingual poll officials at the polls; and the
availability of a Lakota audio ballot on the voting machine.
- Continue recruitment of bilingual poll officials.
- Keep reports up to date. ·
- Ensure KILI Radio is broadcasting information as set forth in the Agreement throughout
the month.
First Week of September: .
- Obtain translations from Secretary of State and put translations on tapes.
- Confirm that publication packets have been received by KILI Radio and that all is on
track for publication according.to the Agreement.
October
Anytime during the Month:
- 2 elderly-focused meetings per tribal district per month (12 total meetings) to present
election information in Lakota, including: absentee ballot procedures; assistance in
completing absentee ballot applications; assistance in filling out absentee ballots; dates of
primary election; offices and pr9positions on ballot; the identification requirement;
4
presence of bilingual poll officials at the polls; the availability of Lakota audio on voting
machine; and provisional ballot information, etc.
- Assist elderly Lakota-speaking voters in filling out absentee ballot applications and
absentee ballots.
- Maintain regular office hours in satellite elections office when not making field visits to
provide elderly Lakota-speaking voters with election information, and absentee ·voting
assistance.
- Keep reports up to date.
- Ensure KILI Radio is broadcasting information as set forth in the Agreement throughout
the month.
First Week of October (2010, 2012):
- Finalize bilingual poll official recruitment and hiring, including a list of backup
bilingual poll officials.
Second Week in October (2010); Second and Third Weeks of October (2012):
- Prepare for bilingual poll official translation training.
Third Week of October (2010); Fourth Week of October (2012):
- Outreach to elderly Lakota-speaking voters regarding polling places, hours the polls are
open, the presence of bilingualpoll officials at the polls on election day to provide
Lakota language assistance and the names of those officials, the contents of the ballot.
- Train bilingual poll officials on translation of the entire ballot content including offices,
parties, and propositions; training Lakota language assistance on procedural issues; and
training on how to assist elderly Lakota-speakers in using the voting machines.
- Ensure that KILI Radio is broadcasting the absentee voting and other election
information according to the Agreement. ·
November
Full Week Prior to Election Day:
- Maintain regular office hours in satellite elections office when not making field visits to
provide elderly Lakota-speaking voters education, information, and absentee voting
assistance.
- Assist elderly Lakota-speaking voters in filling out absentee ballots.
-: Ensure that KILI Radio is broadcasting the absentee voting and other election
information according to the Agreement.
Election Day:
- Visit polling places to ensure.that bilingual poll officials are present and engaged with
voters providing election inforn;iation in Lakota, and that other procedures are in place,
including voting machines are operational, provisional ballots and verification
information is available and being used, and signage is properly posted.
5
Week After the Election:
- Compile Post-Election Report.
Primary Election June 2012:
February
- Attend three training sessions in Hot Springs with County Auditor (training on: election
procedures generally; duties of the Coordinator; and requirements of Memorandum of
Agreement).
- Meet with Tribal President or designee to identify other opportunities to disseminate
election information to elderly Lakota-speaking county residents.
Anytime during the Month:
- Attend 2 elderly-focused meetings per tribal district (12 total meetings) to present
election information in Lakota, ineluding: registration procedures; registration deadlines;
assist in filling out registration applications; dates of primary election; the presence of
bilingual poll officials at the polls. Inquire as to suggestions for bilingual poll officials.
- Keep reports up to date.:.
First Two Weeks In March:
- Create translations and record them on tapes. Translations should include that
information contained in paragraph 24 of the Agreement, and in the manner described in
paragraphs 18-25 of the Agreement.
- Stai1 recruitment of bilingual poll officials including meeting with Tribal President or
designee and coordinating with Shannon County commissioners.
Last Two Weeks in March:
- Prepare dissemination directions/packets/applicable translations to be sent to KILI
radio; these should include registration and absentee voting procedures and deadlines,
along with other information defined in the Agreement.
Anytime during the Month:
- Attend 2 elderly-focused meetings per tribai district (12 total meetings) to present
election information in Lakota, including: registration procedures; registration deadlines;
assistance in filling out registration applications; absentee ballot procedures; assistance
with completing absentee ballot applications; dates of primary election; offices on ballot;
the availability of bilingual poll officials at the polls; and the availability of a Lakota
audio ballot on the voting machine.
6
- Continue recruitment of bilingual poll officials.
- Keep reports up to date.
- Ensure KILI Radio is broadcasting information as set forth in the Agreement throughout
the month. ·
First Week of April:
- Obtain translations from Secretary of State and put translations on tapes.
- Confirm that publication packets have been received by KILI Radio and that all is on
track for publication according to the Agreement.
Anytime during the Month:
- 2 elderly-focused meetings per tribal district per month (12 total meetings) to present
election information in Lakota, including: absentee ballot procedures; assistance in
completing absentee ballot applications; assistance in filling out absentee ballots; dates of
primary election; offices on ballot; the identification requirement; presence of bilingual
poll officials at the polls; the availability of Lakota audio on voting machine; and
provisional ballot information, etc.
- Assist elderly Lakota-speaking voters in filling out absentee ballot applications and
absentee ballots.
- Maintain regular office hours in satellite elections office when not making field visits to
provide elderly Lakota-speaking voters with election information, and absentee voting
assistance.
- Keep reports up to date.
- Ensure KILI Radio is broadcasting information as set forth in the Agreement throughout
the inonth.
First Week of May:
- Finalize bilingual poll officiai recruitment and hiring, including a list of backup
bilingual poll officials.
Second and Third Weeks of May:
- Prepare for bilingual poll official translation training.
Last full week of May:
- Outreach to eiderly Lakota-speaking voters regarding polling places, hours the polls are
open, the presence of bilingual poll officials at the polls on election day to provide
Lakota language assistance and the names of those officials, the contents of the ballot.
- Train bilingual poll officials on the Lakota translation of the entire ballot content and
election procedures, providing Lakota language assistance at the polls, and how to assist
elderly Lakota-speakers in using the voting machines.
- Ensure that KILI Radio is broadcasting the absentee voting and other election·
information according to the Agreement. .
7
Full Week Prior to Election Day:
- Maintain regular office hours in satellite elections office when not making field visits to
provide elderly Lakota-speaking voters education, information, and absentee voting
assistance.
- Assist elderly Lakota-speaking voters in filling out absentee ballots.
- Ensure that KILi Radio is broadcasting the absentee voting and other election
information according to the Agreement.
Election Day:
- Visit polling places to ensure.that bilingual poll officials are present and engaged with
voters providing election information in Lakota, and that other procedures are in place,
including voting machines are operational, provisional ballots and verification
information is available and being used, and signage is properly posted.
Week After the Election:
- Compile .Post-Election Report.
8
MEMORANDUM OF A.GREEMENT
Between the United States of America and Shannon County, South Dakota
ATTACHMENT B
• ~ .... ~.J~.w:·.::.:.i·::;:-;, ::!';'1" •.•
.•••• -•••"M•O• ''''
~ J·@·This message was sent with high importance.
Ganje, Sue
From: Headlee, Jennifer . Sent: Fri 2/25/2010 3!08 PM
.. X.91 . ....... . .. .Yi9si.,\'!if~n.@.gate.sd.~;.P.~~l~\~or.1gb_t;.@3@.tg.,~cl.Y~ ci11.qY.J9ngJ?@l<§@$lll1e~.us;._c1a~n.s.a.tt!iir.@..sfil.~g..ll5;.
jerry .. schwarting@state.sd.us; ka!:hleen.f[akus@state.sd.us; mcauditor@sbtc.net; sandra.raap@state.sd,us;
sue.ganje@state.sd.us; susan,williams@state.sd.us
Cc: Nelson, Chris (SOS); Bray, Teresa; Warne, Kea; Trapp, Debbie
Subject: Lakota Language Assistance Reimbursement
Attachments:
Dear Auditors:
.$ecretary of State Chris Nelson has author!zed reimbursement from a county's Title 11 HAVA state held ·account for
the following expenses related to Lakota language assistance: · ·
1. Translation of election materiaJ.s in audio format {SDCL .12-3-9).
2. AutoMARK Lakota expenses (no change from current praclice).
3. Broadcasting election notices and information in Lal<.ota.
4. Training interpreters In election procedures.
5. Providing interpreters at polllng places.
6. Providing oversight of interpreters and use of AutoMarks containing Lakota audio.
7. Providing interpreters for absentee voting. .
S. A coordinator for Lakota language assistance. A coordinator would provide oversight to ensure
· compliance with Lakota language requirements.
Each county will ct·atermine how to best meet the Lakota language re.quirements of the Voting Rights Act. Your
county may not have expenditures in all eight categories. Individual counties will also determine whether to· request
Title II reimbursement for allowable Lakota expenq_itures or pay for the expenses with county general funds.
Reimbursement reciuests would be placed on line 17 as sos approved project 17·12 (Lakota Language
Assistance) on the HAVA Title II Reimbursement Form. ·
If you have any .questions plea9e let me know.
·Thank.you
Jennifer Headlee
Relp .America Vote Aot Coordinator
Office of South Da~ota Secretary of State
500 East Capitol Ava, Ste 204
PierrQ, SD 57501
Phone: (605) 773-5003 Fa.x: (605) 773-6580
Webpage: http://www.sdsos.gov
Toyukak v. Treadwell; Case No. 3:13-00137-SLG
Statement of Interest of the United States of America
Exhibit 1
(Exhibit 1_B Page 1)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
(Exhibit 1_B)
Case 3:13-cv-00137-SLG Document 121-2 Filed 06/03/14 Page 1 of 21
Exhibit 1_B
(Exhibit 1_B Page 2)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-2 Filed 06/03/14 Page 2 of 21
(Exhibit 1_B Page 3)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-2 Filed 06/03/14 Page 3 of 21
(Exhibit 1_B Page 4)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-2 Filed 06/03/14 Page 4 of 21
(Exhibit 1_B Page 5)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-2 Filed 06/03/14 Page 5 of 21
(Exhibit 1_B Page 6)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-2 Filed 06/03/14 Page 6 of 21
Toyukak, et al. v. Treadwell, et al. (Exhibit 1_B Page 7)
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-2 Filed 06/03/14 Page 7 of 21
10. To assist in the effectiveness of this Agreement and to
_______ .."p""r~o..._t..~e~c~t_t~ Fi fte.en.tl:l- Ame..I=lmne-fl.:E:--r-i-gh-ts-ort:i.-rt z ens of Bernalillo
County, the appointment" of federal examiners for elections in the
county is authorized pursuant to Section 3(a) of the Voting
Rights Act, 42 U. S.C. §1973(a), for the period of this Agreement.
11. Bernalillo County is designated pursuant to Section
3(c) of the Voting Rights Act, 42 u.s .. c . §1973(c) for the period
O'f this Agreement regarding changes that may affect the county's
· compliance with the Voting Rights Act as set forth in para~raphs
·two through nine .
12 . The parties to this Agreement and the NLC will be in
contact semi-annually for the duration ~f thi~ order to discuss
the effectiveness and efficiency of. the county's actions in
complying with the Voting Rights Act . Bernalillo County has the
authority to eliminate or modify any aspect of its program if it
is unproductive or inefficient in furthering the goals of this
decree, subject to the requirements listed in paragraph 11 above.
13. This Agreement shall remain in. effect through June 3 o,
2003, unless plaintiff moves the court for good cause shown to
extend this Agreement.
The Court shall retain jurisdiction of this case through
June 30, 2003 to enter further relief or such other orders as may
be necessary for the effectuation of the terms of this Agreement
I'
and to ensure compliance with Sections 2 and 203 of the .Voting
Right~ Act, 42 u. s . c . §§1973, 197Jaa- la, and the Fourteenth and
Fifteenth Amendments of the Constitution unless the parties
petition the Court to end the decree sooner.
. 6
(Exhibit 1_B Page 8)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-2 Filed 06/03/14 Page 8 of 21
(Exhibit 1_B Page 9)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-2 Filed 06/03/14 Page 9 of 21
Toyukak, et al. v. Treadwell, et al. (Exhibit 1_B Page 10)
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-2 Filed 06/03/14 Page 10 of 21
Toyukak, et al. v. Treadwell, et al. (Exhibit 1_B Page 11)
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-2 Filed 06/03/14 Page 11 of 21
Il. IN"TRODUCTION
This manual establishes a comprehensive Native American Election Information
Program (NAEIP) to disseminate election related infonnarion and services to the
Native American population of Bernalillo County. It detai ls the procedures for voter
registration, voter registration cancellations, absentee and early voting, training of
election day poll officials, langua:ge assistance at the polls, and for the dissemination
of information about elections. The program is adrninistereq by the Native Language
Coordinator (NLC), a full-time Bernalillo CoWity employee. This manual also
describes coordination between the NLC, tribal representatives, and the Native
American Voting Rights Office under the New Mexico Secretary of State.
1. The NLC will work under the supervision of a designated deputy
Clerk of Bernalillo County.
2. The NLC will be trained by the county clerk in all aspects of the
Election process.
3. The NLC will maintain currency with stare and federal statutes
relating to election process.
·4. The NLC must be fluent in English and the Native Language.
5. The NLC's work will be funded by county resources and the county
will provide for transportation and supplies needed in canying out the
NLC's duties and responsibilities in implementing the NAEIP.
ill PROCEDURES
The NLC is responsible for the administration of the Bernalillo County NAEIP.
1. COORDINATION WTIR STATE AND OTHER COUN!IES:
a. The NLC will maintain direct contact with the State NAEIP
representatives t'o assure coordinated services and avoid duplication
of effort.
b. The NLC will work, as far as practicable, with counterparts in
Valencia and Sandoval Counties, to coordinate election activities and
Tewa translation for the Sandia and Isleta Pueblos.
c. The NLC will work, as far as practicable, with the counterparts in
Socorro, McKinley, and San Juan Counties, to coordinate election
cranslarion for the Canonciro chapter.
d. The NLC will work, as far as practicable, with the Navajo
Toyukak, et al. v. Treadwell, et al. (Exhibit 1_B Page 12)
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-2 Filed 06/03/14 Page 12 of 21
(Exhibit 1_B Page 13)
.
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-2 Filed 06/03/14 Page 13 of 21
Toyukak, et al. v. Treadwell, et al. (Exhibit 1_B Page 14)
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-2 Filed 06/03/14 Page 14 of 21
(1) The NLC; and if possible, the tribal representative should be
present when tapes are played at pueblo or chapter meetings
L--------------------,aftci-answer-quesri-ons-whi·cfrnw:y-b"e1a:i-se'd:-------------
(2) The NLC should make available councy-ov.ned tape-playing
equipment t~ the site in case equipment is not available at the
site.
e. Upon request, the county shall make tapes and material available to
govern.inental entities, wh.ich have an interest in the Bernalillo County
NAEIP.
f The county shall keep translations archived for five years.·
4. DISSENfINATION OF ELECTION RELATED MA.TRIAL:
a. The County shall coordinate publicity efforts with the state NAEIP
office and the tribal representatives .
. b. The NLC will work with Bernalillo County Public Affairs to offer
public service announcements in Navajo and/or Tewa to local
radioffV stations. Potential broadcasting material includes any of the
tapes made pursuant to Section ill. The NLC will request that
announcements be made at a time calculated to reach the largest
possible chapter and/or pueblo audience.
c. The NLC will work with Bem!!-lillo County Public Affairs to identify
and provide public service notices to publications, which are tailored
to the pueblos and Canoncito chapter. Notices may be printed therein
in the language traditionally used by the publications. The .frequency
of paid announcements shall be subject to available financial
resources.
d. During the sixty (60) days preceding an election, the NLC will plan
and publicize meetings at sites convenient to voters of the chapter and
pueblos. At the meetings, the NLC, tribal representatives, and other
trained personnel will make oral presentations using Navajo or Tewa,
as appropriate, \.vith the concw-Tence of tribal officials. Presentation~
should incorporate audio and visual aids as appropriate, and should
include:
(1) Statutory qualifications for candidates to hold office, (e.g.,
age, residency requirements, etc.). If anyone expresses an
interest in running for an elected office, explain procedures
for getting on the ballot, (e.g., petition signatures, filing fee,
etc.);
(2) Voter registration proc.edures, to include voter registration
cut-off dates. Voter registration fonns should be available;
5
(Exhibit 1_B Page 15)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-2 Filed 06/03/14 Page 15 of 21
(Exhibit 1_B Page 16)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-2 Filed 06/03/14 Page 16 of 21
(Exhibit 1_B Page 17)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-2 Filed 06/03/14 Page 17 of 21
(Exhibit 1_B Page 18)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-2 Filed 06/03/14 Page 18 of 21
(Exhibit 1_B Page 19)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-2 Filed 06/03/14 Page 19 of 21
(Exhibit 1_B Page 20)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-2 Filed 06/03/14 Page 20 of 21
Page 21)
Toy e
Case 3 -
Case 3:13-cv-00137-SLG Document 121-2 Filed 06/03/14 Page 21 of 21
Toyukak v. Treadwell; Case No. 3:13-00137-SLG
Statement of Interest of the United States of America
Exhibit 1
(Exhibit 1_C Page 1)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 1 of 38
Exhibit 1_C
(Exhibit 1_C Page 2)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 2 of 38
(Exhibit 1_C Page 3)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 3 of 38
(Exhibit 1_C Page 4)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 4 of 38
(Exhibit 1_C Page 5)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 5 of 38
(Exhibit 1_C Page 6)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 6 of 38
(Exhibit 1_C Page 7)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 7 of 38
(Exhibit 1_C Page 8)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 8 of 38
(Exhibit 1_C Page 9)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 9 of 38
(Exhibit 1_C Page 10)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 10 of 38
(Exhibit 1_C Page 11)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 11 of 38
(Exhibit 1_C Page 12)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 12 of 38
(Exhibit 1_C Page 13)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 13 of 38
(Exhibit 1_C Page 14)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 14 of 38
(Exhibit 1_C Page 15)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 15 of 38
(Exhibit 1_C Page 16)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 16 of 38
(Exhibit 1_C Page 17)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 17 of 38
(Exhibit 1_C Page 18)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 18 of 38
(Exhibit 1_C Page 19)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 19 of 38
(Exhibit 1_C Page 20)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 20 of 38
(Exhibit 1_C Page 21)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 21 of 38
(Exhibit 1_C Page 22)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 22 of 38
(Exhibit 1_C Page 23)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 23 of 38
(Exhibit 1_C Page 24)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 24 of 38
(Exhibit 1_C Page 25)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 25 of 38
(Exhibit 1_C Page 26)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 26 of 38
(Exhibit 1_C Page 27)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 27 of 38
(Exhibit 1_C Page 28)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 28 of 38
(Exhibit 1_C Page 29)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 29 of 38
(Exhibit 1_C Page 30)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 30 of 38
(Exhibit 1_C Page 31)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 31 of 38
(Exhibit 1_C Page 32)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 32 of 38
(Exhibit 1_C Page 33)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 33 of 38
(Exhibit 1_C Page 34)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 34 of 38
(Exhibit 1_C Page 35)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 35 of 38
(Exhibit 1_C Page 36)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 36 of 38
(Exhibit 1_C Page 37)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 37 of 38
(Exhibit 1_C Page 38)
Case 3:13-cv-00137-SLG Document 121-3 Filed 06/03/14 Page 38 of 38
Toyukak v. Treadwell; Case No. 3:13-00137-SLG
Statement of Interest of the United States of America
Exhibit 1
(Exhibit 1_D Page 1)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
(Exhibit 1_D)
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 1 of 26
Exhibit 1_D
(Exhibit 1_D Page 2)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 2 of 26
(Exhibit 1_D Page 3)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 3 of 26
(Exhibit 1_D Page 4)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 4 of 26
(Exhibit 1_D Page 5)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 5 of 26
Toyukak, et al. v. Treadwell, et al. (Exhibit 1_D Page 6)
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 6 of 26
(Exhibit 1_D Page 7)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 7 of 26
(Exhibit 1_D Page 8)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 8 of 26
(Exhibit 1_D Page 9)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 9 of 26
(Exhibit 1_D Page 10)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 10 of 26
(Exhibit 1_D Page 11)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 11 of 26
(Exhibit 1_D Page 12)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 12 of 26
Toyukak, et al. v. Treadwell, et al. (Exhibit 1_D Page 13)
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 13 of 26
(Exhibit 1_D Page 14)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 14 of 26
(Exhibit 1_D Page 15)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 15 of 26
(Exhibit 1_D Page 16)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 16 of 26
(Exhibit 1_D Page 17)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 17 of 26
(Exhibit 1_D Page 18)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 18 of 26
(Exhibit 1_D Page 19)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 19 of 26
(Exhibit 1_D Page 20)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 20 of 26
(Exhibit 1_D Page 21)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 21 of 26
(Exhibit 1_D Page 22)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 22 of 26
(Exhibit 1_D Page 23)
Toyukak, et al. v. Treadwell, et al.
Case NCo.a3s:e13 3-C:1V3--1c3v7-0-S0L1G37-SLG Document 121-4 Filed 06/03/14 Page 23 of 26
.. . .
SUMMARY OF ACTI VI TIES OF CIBOLA COUNTY, NEW MEXICO
NATIVE AMERICAN VOTING RIGHTS COORDINATOR
FOR THE ELECTI ON
Coo rdinator:
Community:
Presentations of eiection inf orma t ion by the Coordina tor :
Date Place Gr oup Topic(s) Covered
I
-
.
.
.
.
'
'
Toyukak, et al. v. Treadwell, et al. (Exhibit 1_D Page 24)
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 24 of 26
. '
Radio announcements of election information:
Date Time Topic(~) Covered . .
.
.
.
(Exhibit 1_D Page 25)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 25 of 26
(Exhibit 1_D Page 26)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-4 Filed 06/03/14 Page 26 of 26
Toyukak v. Treadwell; Case No. 3:13-00137-SLG
Statement of Interest of the United States of America
Exhibit 1
(Exhibit 1_E Page 1)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
(Exhibit 1_E)
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 1 of 27
Exhibit 1_E
(Exhibit 1_E Page 2)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 2 of 27
(Exhibit 1_E Page 3)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 3 of 27
(Exhibit 1_E Page 4)
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 4 of 27
·~
]
2
3
4
s
7
8
10
11
13
14
16
17
l
19
20
23
24
26
27
people would be sufficiently bilingual that this action' would be
moot.
l.Sml.SS e
defendants' counterclaim. On April 25, 1989, the defendants
filed a motion for summary jμdqment on all of the plaintiff's
The parties to this 'litigation, without in any way
derogating from their respective positions as to the merits of
best interest of all the parties that the controversy should be
settled without the necessity and extraordinary expense of a
trial. Accordin 1 laintiff and
o the entry of this Consent Decree, which resolves the
plaintiff's claims, and ensures that the defendants' election
practices and procedures provide Navajo citizens with an e al
ive y in the electoral process.
For purposes of this litigation only, the parties further agree
entry of a final order implementing the Consent Decree
ere aim,
the plaintiff's motion to dismiss the counterclaim, and the
defendants' motion for summary judgment will become moot. In the
the pending motions and responses to pending discovery be stayed.
Entry of this Decree shall not be construed as evidence of a
violation of the Votin
This Decree shall not constit~te an adjudication or admission by
- 3 -
/
(Exhibit 1_E Page 5)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 5 of 27
(Exhibit 1_E Page 6)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 6 of 27
(Exhibit 1_E Page 7)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 7 of 27
(Exhibit 1_E Page 8)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 8 of 27
(Exhibit 1_E Page 9)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 9 of 27
(Exhibit 1_E Page 10)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 10 of 27
(Exhibit 1_E Page 11)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 11 of 27
(Exhibit 1_E Page 12)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 12 of 27
(Exhibit 1_E Page 13)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 13 of 27
(Exhibit 1_E Page 14)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 14 of 27
(Exhibit 1_E Page 15)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 15 of 27
(Exhibit 1_E Page 16)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 16 of 27
(Exhibit 1_E Page 17)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 17 of 27
(Exhibit 1_E Page 18)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 18 of 27
(Exhibit 1_E Page 19)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 19 of 27
(Exhibit 1_E Page 20)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 20 of 27
(Exhibit 1_E Page 21)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 21 of 27
(Exhibit 1_E Page 22)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 22 of 27
(Exhibit 1_E Page 23)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 23 of 27
(Exhibit 1_E Page 24)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 24 of 27
(Exhibit 1_E Page 25)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 25 of 27
(Exhibit 1_E Page 26)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 26 of 27
(Exhibit 1_E Page 27)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-5 Filed 06/03/14 Page 27 of 27
Toyukak v. Treadwell; Case No. 3:13-00137-SLG
Statement of Interest of the United States of America
Exhibit 1
(Exhibit 1_F Page 1)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
(Exhibit 1_F)
Case 3:13-cv-00137-SLG Document 121-6 Filed 06/03/14 Page 1 of 6
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
vs. ))
SANDOVAL COUNTY, NEW MEXICO; )
SANDOVAL COUNTY BOARD OF ) No. CIV. 88-1457-BRB/DJS
COMMISSIONERS; WILLIAM SAPIEN, )
DON LEONARD, DAVID BENCY, JACK )
E. THOMAS, and JOSHUA MADALENA, )
Members of the Sandoval County Board of )
Commissioners; and SALLY PADILLA, )
Sandoval County Clerk, )
)
Defendants. )
ORDER EXTENDING AND MODIFYING CONSENT DECREE
The United States initiated this action against the State of New Mexico and Sandoval
County, New Mexico in December 1988, alleging violations of §§ 2 and 203 of the Voting
Rights Act of 1965, as amended, 42 U.S.C. §§ 1973 & 1973aa-1a. The action arises from
election practices and procedures in Sandoval County as they affect Native American
citizens. On March 23, 1990, the parties entered into a settlement agreement (doc. 123) that
required Sandoval County to develop and implement a comprehensive bilingual Native
American Election Information Program (NAEIP) for its Native American citizens. The
parties filed a detailed description of the NAEIP with the Court on April 30, 1990 (doc. 124).
On May 17, 1990, the Court ordered Sandoval County to implement the NAEIP (doc. 125)
Case 1:88-cv-01457-BRB-DJS Document 211 Filed 11/28/2007 Page 1 of 5
Toyukak, et al. v. Treadwell, et al.(ExhEibxiht i1b_itF 1 P_aFge 2)
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-6 Filed 06/03/14 Page 2 of 6
2
pursuant to the settlement agreement. Also pursuant to the agreement, the Court dismissed
the case as to the State of New Mexico.
Sandoval County failed to comply substantially with the NAEIP. In June 1993, the
United States moved to reactivate the case and sought continued discovery (doc. 127). The
Court granted that motion (doc. 139). Ensuing discovery uncovered significant evidence of
Sandoval County's failure to comply with the settlement agreement. Accordingly, Sandoval
County agreed to negotiate a consent decree. The parties filed a consent decree and revised
NAEIP on August 30, 1994 (doc. 156). On September 9, 1994, the Court accepted the
consent decree as the order of the Court, which, by its terms, was set to expire September 9,
2004 (doc. 157). Pursuant to the consent decree, the United States assigned federal observers
to monitor Sandoval County elections, and investigated extensively Sandoval County’s
efforts to comply with the revised NAEIP and §§ 2 and 203 of the Voting Rights Act from
1994 through June 2004. Based on information gathered during that time, the United States
determined that Sandoval County, despite making some improvements, failed to furnish all
instructions, assistance, and other information relating to voting orally in the Navajo, Towa,
and Keresan languages, in violation of the consent decree and §§ 2 and 203.
The United States conferred with Sandoval County to discuss and resolve these
compliance problems. The parties agreed that circumstances justified extending the consent
decree. Thus, the parties moved jointly to extend and amend the Court’s September 9, 1994
consent decree through January 15, 2006 (doc. 162). The Court granted that joint motion,
and entered the amended consent decree as the order of the Court on November 5, 2004 (doc.
Case 1:88-cv-01457-BRB-DJS Document 211 Filed 11/28/2007 Page 2 of 5
(Exhibit 1_F Page 3)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-6 Filed 06/03/14 Page 3 of 6
3
165). Since the November 5, 2004 extension, the United States monitored three elections:
the November 2004 general election and the 2006 primary and general elections. The United
States and Sandoval County worked cooperatively to resolve compliance problems.
Notwithstanding those efforts, compliance problems remained. Indeed, while Sandoval
County progressed in making the election process accessible to its Native American
population, the evidence demonstrates that it failed to furnish all instructions, assistance, and
other information relating to voting orally in Keres, Towa, and Navajo, in violation of the
Court's amended consent decree and §§ 2 and 203 of the Voting Rights Act.
The parties again conferred. Thereafter, on April 4, 2007, the parties filed a joint
motion to extend and modify the amended consent decree through January 31, 2009 (doc.
175). On July 20, 2007, the Court held a hearing on that motion. On July 24, 2007, the
Court entered an order (doc. 185) requiring the United States to file federal election observer
reports for the 2004 and 2006 primary and general elections, as well as copies of letter
agreements between the United States and other counties regarding programs to comply with
§ 203. The Court also ordered Defendants to file voting rights coordinator reports from the
2004 and 2006 elections. The Court afforded each party the right to respond to these filings,
and ordered the parties to file a joint report setting forth any agreements they reached and
identifying any outstanding issues the Court needed to resolve.
On September 10, 2007, the parties filed a Joint Report (doc. 205) in which they
agreed that circumstances justified extending and modifying the consent decree a second
time. Specifically, the parties’ Joint Report noted that neither Sandoval County’s Keres,
Case 1:88-cv-01457-BRB-DJS Document 211 Filed 11/28/2007 Page 3 of 5
(Exhibit 1_F Page 4)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-6 Filed 06/03/14 Page 4 of 6
4
Navajo, nor Towa language program substantially complied with the Court’s amended
consent decree or §§ 2 or 203 of the Voting Rights Act and, thus, extension of the amended
consent decree was appropriate. On September 28, 2007, the parties filed an amended Joint
Stipulation and revised NAEIP (doc. 210). The revised NAEIP streamlines and simplifies
Sandoval County’s responsibilities.
Accordingly, upon consideration of the Joint Motion for Modification and Extension
of Consent Decree (doc. 175), the parties’ Joint Report (doc. 205), the Amended Joint
Stipulation and modified NAEIP (doc. 210), and good cause appearing, the Court finds the
terms of the second amended consent decree fair and reasonable, and it is hereby ORDERED
that the Court's November 5, 2004 amended consent decree and NAEIP, as modified by the
version filed with the Court on September 28, 2007, are hereby extended until January 31,
2009. 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 §§ 2 and 203 of the Voting Rights Act, 42 U.S.C. §§1973 and 1973aa-1a,
and the Fourteenth and Fifteenth Amendments to the United States Constitution.
SO ORDERED.
Case 1:88-cv-01457-BRB-DJS Document 211 Filed 11/28/2007 Page 4 of 5
(Exhibit 1_F Page 5)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-6 Filed 06/03/14 Page 5 of 6
5
Entered for the Court
this 28th day of November 2007
Bobby R. Baldock
United States Circuit Judge
James A. Parker
Senior United States District Judge
Bruce D. Black
United States District Judge
Case 1:88-cv-01457-BRB-DJS Document 211 Filed 11/28/2007 Page 5 of 5
(Exhibit 1_F Page 6)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-6 Filed 06/03/14 Page 6 of 6
Toyukak v. Treadwell; Case No. 3:13-00137-SLG
Statement of Interest of the United States of America
Exhibit 1
(Exhibit 1_G Page 1)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
(Exhibit 1_G)
Case 3:13-cv-00137-SLG Document 121-7 Filed 06/03/14 Page 1 of 16
Exhibit 1_G
(Exhibit 1_G Page 2)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-7 Filed 06/03/14 Page 2 of 16
(Exhibit 1_G Page 3)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-7 Filed 06/03/14 Page 3 of 16
(Exhibit 1_G Page 4)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-7 Filed 06/03/14 Page 4 of 16
(Exhibit 1_G Page 5)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-7 Filed 06/03/14 Page 5 of 16
(Exhibit 1_G Page 6)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-7 Filed 06/03/14 Page 6 of 16
(Exhibit 1_G Page 7)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-7 Filed 06/03/14 Page 7 of 16
(Exhibit 1_G Page 8)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-7 Filed 06/03/14 Page 8 of 16
(Exhibit 1_G Page 9)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-7 Filed 06/03/14 Page 9 of 16
(Exhibit 1_G Page 10)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-7 Filed 06/03/14 Page 10 of 16
(Exhibit 1_G Page 11)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-7 Filed 06/03/14 Page 11 of 16
(Exhibit 1_G Page 12)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-7 Filed 06/03/14 Page 12 of 16
(Exhibit 1_G Page 13)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-7 Filed 06/03/14 Page 13 of 16
(Exhibit 1_G Page 14)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-7 Filed 06/03/14 Page 14 of 16
(Exhibit 1_G Page 15)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-7 Filed 06/03/14 Page 15 of 16
(Exhibit 1_G Page 16)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-7 Filed 06/03/14 Page 16 of 16
.-
' { • ..
referendum or initiative issues and the information eontained
in the Voter Information Pamphlet.
II.
cause to be made and
of the actions taken to comply with this agreement and
order. Representatives of the Plaintiffs shall be permitted
records of the Defendants at
reasonable times and upon reasonable notice.
II I.
this matter
for all purposes for a period of five years. At the end of
the five year period, the defendants may move the court,
a es, or an
order terminating the provisions of the consent decree. In
considering whether the consent decree shall be dissolved,
the Court
demonstration by the defendants, whether the basic objectives
of the consent decree
ORDERED t .
For the United States:
For the Defendants:
-
Attorney for the Defendants UNITED STATES DISTRICT JUDGE
-15-
Toyukak v. Treadwell; Case No. 3:13-00137-SLG
Statement of Interest of the United States of America
Exhibit 1
(Exhibit 1_H Page 1)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
(Exhibit 1_H)
Case 3:13-cv-00137-SLG Document 121-8 Filed 06/03/14 Page 1 of 10
Exhibit 1_H
(Exhibit 1_H Page 2)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-8 Filed 06/03/14 Page 2 of 10
(Exhibit 1_H Page 3)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-8 Filed 06/03/14 Page 3 of 10
(Exhibit 1_H Page 4)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-8 Filed 06/03/14 Page 4 of 10
(Exhibit 1_H Page 5)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-8 Filed 06/03/14 Page 5 of 10
(Exhibit 1_H Page 6)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-8 Filed 06/03/14 Page 6 of 10
(Exhibit 1_H Page 7)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-8 Filed 06/03/14 Page 7 of 10
(Exhibit 1_H Page 8)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-8 Filed 06/03/14 Page 8 of 10
(Exhibit 1_H Page 9)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-8 Filed 06/03/14 Page 9 of 10
(Exhibit 1_H Page 10)
Toyukak, et al. v. Treadwell, et al.
Case No. 3:13-CV-137-SLG
Case 3:13-cv-00137-SLG Document 121-8 Filed 06/03/14 Page 10 of 10