Help America Vote Act

FIRST CAUSE OF ACTION

1. failing to recruit, appoint, train, and maintain an adequate pool of bilingual poll officials capable of providing Hispanic citizens with limited English proficiency effective language assistance;
2. failing to translate into Spanish the official ballot, and all election-related announcements, instructions, and notices at election sites;
3. failing to translate into Spanish all election-related information, including but not limited to information contained in legal notices publicizing elections and materials available to the general public on the internet website of the County Clerk, Auditor, & Recorder.

SECOND CAUSE OF ACTION

1. Defendants did not provide written information to voters who cast provisional ballots on how they are able to ascertain whether their vote was counted, and if the vote was not counted, the reason the vote was not counted, as required by 42 U.S.C. 15482(a)(5)(A);
2. Defendants failed to post in each polling place all of the voting information required by 42 U.S.C. 15482(b); and
3. Defendants' system for allowing voters to check on the status of their provisional ballots did not provide the reasons why provisional ballots were rejected, as required by 42 U.S.C. 15482(a)(5)(B).

PRAYER FOR RELIEF

WHEREFORE, Plaintiff the United States of America prays that this Court enter an order:

(1) Declaring that Defendants have failed to provide election information and assistance necessary to those who require it in Spanish for effective political participation, in violation of Section 203 of the Voting Rights Act, 42 U.S.C. 1973aa-1a;

(2) Declaring that Defendants have failed (a) to provide to voters written information regarding their provisional ballots, (b) to post necessary voter information materials at each polling place, and (c) to provide provisional voters with an explanation of why their provisional ballots were rejected, as required by Section 302 of HAVA, 42 U.S.C. 15482;

(3) Enjoining Defendants, their employees, agents, and successors in office, and all persons acting in concert with them, from failing to provide Spanish-language election information and assistance to person with limited English proficiency as required by Section 203, 42 U.S.C. 1973aa-1a;

(4) Enjoining Defendants, their employees, agents, and successors in office, and all persons acting in concert with them, from failing to comply with the voter information requirements of Section 302 of HAVA, 42 U.S.C. 15482;

(5) Requiring Defendants to devise and implement a remedial plan to ensure that Spanish-speaking citizens with limited English proficiency are able to understand, learn of and participate in all phases of the electoral process as required by Section 203 of the Voting Rights Act, 42 U.S.C. 1973aa-1a;

(6) Requiring Defendants to devise and implement a remedial plan to provide to voters the information required under Section 302 of HAVA, 42 U.S.C. 15482;

(7) Requiring the Defendants to publicize effectively the remedial plans and programs addressing violations of Section 203 of the Voting Rights Act and Section 302 of HAVA enumerated herein to ensure their widespread dissemination of such plans and programs to San Benito County's voters; and

(8) Authorizing the appointment of federal examiners for elections held in San Benito County pursuant to Section 3(a) of the Voting Rights Act, 42 U.S.C. 1973a(a), through December 31, 2006.

     Plaintiff further prays that this Court order such additional relief as the interests of justice may require, together with the costs and disbursements in maintaining this action.

Date: _26_ day of _May__, 2004

/s/ R. Alexander Acosta
R. ALEXANDER ACOSTA
Assistant Attorney General
Civil Rights Division

/s/ Joseph D. Rich
JOSEPH D. RICH
Chief, Voting Section