美国国家公共电台 NPR--A federal law requires translated voting ballots, but not in Arabic or Haitian Creole

A federal law requires translated voting ballots², but not in Arabic or Haitian Creole

Transcript³

Among the language minority groups protected under the Voting Rights Act, you won't find voters like Shaima Mohammed.

In 1975, Congress expanded that landmark⁴ civil rights law to try to get rid of barriers preventing "citizens of language minorities" from voting. And for close to half a century, Section 203 of the Voting Rights Act has required certain states and local governments to provide voting ballots, registration⁵ forms and other election materials in more than just English.

But not all languages are covered by Section 203's protections.

And that has often left Arabic-speaking U.S. citizens with limited proficiency⁶ in English, like Mohammed, on their own when trying to vote. In 2020, she wanted to cast a ballot¹ in the presidential election and turned to a neighbor and a cousin for help.

"Some of the people, they don't have at home someone to translate," says Mohammed, who grew up in Yemen and has taken English classes at the Arab Community Center for Economic and Social Services in Dearborn, Mich.

Exactly where the federal government requires multilingual election information is determined⁷ by the Census⁸ Bureau, which uses complicated formulas involving English proficiency and educational attainment⁹ rates to produce an updated list every five years.

The latest list, released in December, shows that the federal mandate¹⁰ for American Indian language assistance has reached five additional states and coverage¹¹ for Spanish was added to Ohio's Cuyahoga County. There's also growth in the areas required to help voters in Bengali, Chinese, Hmong, Tagalog and Vietnamese.

With Arabic, Haitian Creole and other languages that are not protected by Section 203 becoming more common among U.S. households, some voting rights advocates have been calling for the federal government to expand its requirements for multilingual election information.

"Information is power, right?" says Marvin Hernandez, regional manager of Virginia elections for CASA in Action, an advocacy group focused on mobilizing immigrants. "We need to continue fighting for having more languages included in the electoral process as well. This is something that we need to see in order to see inclusiveness in all levels and with all demographics."

Why Arabic and Haitian Creole speakers are not covered

According to Section 203, the protected language minority groups are limited to "persons who are American Indian, Asian American, Alaskan Natives or of Spanish heritage."

The Census Bureau relies on data about race and ethnicity as a "proxy¹²" to identify the protected language groups, the agency confirmed to NPR in a statement.

"This means people who speak certain languages such as Arabic are classified by their race" based on federal standards, the bureau said. And those standards officially categorize people with origins in the Middle East or North Africa as white.

Some scholars classify Arabic as an "Afro-Asiatic" language group, but the bureau does not, categorizing it not among Asian languages, but "All other languages."

As for Haitian Creole — which was at the center of a voting rights lawsuit¹³ in Florida's Miami-Dade County after the 2000 election — the bureau considers it an Indo-European language, and its speakers do not fall within the protected language minority groups under Section 203.

Language minority status was determined with a record of discrimination

When Congress was preparing to add Section 203's language assistance requirements to the Voting Rights Act, some lawmakers did consider a wider scope of coverage.

"One of the arguments actually that was made is that every language should be eligible¹⁴ for coverage. And there were serious concerns about that because it would raise constitutional issues," says Jim Tucker, a voting rights attorney with the Lawyers' Committee for Civil Rights Under Law who wrote about Section 203's history in the book The Battle Over Bilingual Ballots: Language Minorities and Political Access Under the Voting Rights Act.

Adopted during Reconstruction¹⁵ after the Civil War, the Fourteenth and Fifteenth Amendments¹⁶ give Congress the power to pass laws that would ensure every person is treated equally by the law and that no citizen is denied the right to vote because of their race.

Ultimately, lawmakers decided¹⁷ that Section 203 would only require language assistance in federal, state and local elections for groups for which there is a historical record of evidence showing they've faced voting and educational discrimination. The goal was to address, as the legislation puts it, "the unequal educational opportunities afforded them resulting in high illiteracy¹⁸ and low voting participation¹⁹."

Angelo Ancheta, a civil rights attorney who has also written about Section 203, notes that any discussions about broadening the language minority groups protected under this unfunded federal mandate would have to contend with practical considerations.

"It's not cheap to produce ballots in other languages," Ancheta says. "There are a lot of logistical issues. We can't ignore those."

There have been opportunities over the years for Congress to expand the protected language groups when Section 203 — which is currently set to expire in 2032 — has come up for renewal²⁰.

The failed Senate efforts to pass new voting rights bills earlier this year included proposals that could have helped ensure oral assistance in non-written American Indian and Alaska Native languages. (Neither bill would have expanded the federally protected language minority groups to include Arabic or Haitian Creole speakers.)

But no new federal requirements have been passed — and Ancheta does not expect to see any in the near future.

"I suspect that this kind of issue is one where polarization in Congress is not going to be helpful to advancing any new legislation," Ancheta says.

There are local efforts to provide more multilingual ballots

While there are federal requirements for language assistance, Tucker warns that voters have found a range of compliance²¹ among state and local governments around the country.

"There are many that do not even meet the requirements," says Tucker, who has served in the voting section of the Justice Department's Civil Rights Division and currently chairs a committee of outside advisers²² to the Census Bureau. "There are jurisdictions²³ in some cases that go above and beyond the requirements."

According to local law in Florida's Miami-Dade County, precincts with significant shares of Haitian American voters are required to offer ballots in Haitian Creole, in addition to English and Spanish.

Jeff Greenberg/Education Images/Universal Images Group/Getty Images

In Florida's Miami-Dade County, home to the largest population of immigrants from Haiti in the U.S., precincts with significant shares of Haitian American voters are required to provide ballots in Creole, in addition to English and the federally required Spanish.

"It's a good thing that in Miami-Dade County, that's a fact. But that's not the case in many other jurisdictions," says Gepsie Metellus, co-founder and executive director of the Sant La Haitian Neighborhood Center in North Miami, Fla.

Metellus says expanding federal language assistance requirements to include Haitian Creole would help more U.S. citizens feel at ease with the voting process.

"It's an invitation to vote. It's an embrace, a recognition that that population is part of the American fabric," adds Metellus, who ran unsuccessfully in 2020 for a seat on the Miami-Dade County Commission.

Voting rights advocates in Michigan, where some of the country's biggest Arab American communities have lived for decades, have been organizing for more official recognition of the needs of Arabic-speaking citizens.

"When we explained to them that they can vote early, that they didn't need a driver's license²⁴ to vote — they had no idea. And that is all due to language barriers," says Nada Al-Hanooti, executive director of Emgage's Michigan chapter, about her advocacy group's outreach efforts with citizens who are not proficient²⁵ in English.

For the upcoming primary election in August, ballots in Arabic will be available to voters in Dearborn, Mich., after a push by community groups and a city council member, Mustapha Hammoud, who introduced a resolution earlier this year that requires election materials in English and any language spoken by at least 10,000 or 5% of Dearborn's residents. In Hamtramck, Mich., another suburb of Detroit, city council members have also recently passed a resolution for Arabic election materials.

For Mohammed — the Arabic-speaking voter in Dearborn who turned to friends and family for help to get access to an English-language ballot in 2020 — it will be a major change that makes it easier to exercise her right to vote.

"It's a good feeling," Mohammed says about casting a ballot. "You feel like you're a part of this country. You're doing something good."

1 ballot   

n.（不记名）投票，投票总数，投票权；vi.投票

参考例句：

• The members have demanded a ballot.会员们要求投票表决。
• The union said they will ballot members on whether to strike.工会称他们将要求会员投票表决是否罢工。

2 ballots   

n.投票表决( ballot的名词复数 )；选举；选票；投票总数v.（使）投票表决( ballot的第三人称单数 )

参考例句：

• They're counting the ballots. 他们正在计算选票。 来自《简明英汉词典》
• The news of rigged ballots has rubbed off much of the shine of their election victory. 他们操纵选票的消息使他们在选举中获得的胜利大为减色。 来自《简明英汉词典》

3 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

4 landmark   

n.陆标，划时代的事，地界标

参考例句：

• The Russian Revolution represents a landmark in world history.俄国革命是世界历史上的一个里程碑。
• The tower was once a landmark for ships.这座塔曾是船只的陆标。

5 registration   

n.登记，注册，挂号

参考例句：

• Marriage without registration is not recognized by law.法律不承认未登记的婚姻。
• What's your registration number?你挂的是几号？

6 proficiency   

n.精通，熟练，精练

参考例句：

• He plied his trade and gained proficiency in it.他勤习手艺，技术渐渐达到了十分娴熟的地步。
• How do you think of your proficiency in written and spoken English?你认为你的书面英语和口语熟练程度如何？

7 determined   

adj.坚定的；有决心的

参考例句：

• I have determined on going to Tibet after graduation.我已决定毕业后去西藏。
• He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。

8 census   

n.(官方的)人口调查，人口普查

参考例句：

• A census of population is taken every ten years.人口普查每10年进行一次。
• The census is taken one time every four years in our country.我国每四年一次人口普查。

9 attainment   

n.达到，到达；［常pl.］成就，造诣

参考例句：

• We congratulated her upon her attainment to so great an age.我们祝贺她高寿。
• The attainment of the success is not easy.成功的取得并不容易。

10 mandate   

n.托管地；命令，指示

参考例句：

• The President had a clear mandate to end the war.总统得到明确的授权结束那场战争。
• The General Election gave him no such mandate.大选并未授予他这种权力。

11 coverage   

n.报导，保险范围，保险额，范围，覆盖

参考例句：

• There's little coverage of foreign news in the newspaper.报纸上几乎没有国外新闻报道。
• This is an insurance policy with extensive coverage.这是一项承保范围广泛的保险。

12 proxy   

n.代理权，代表权；（对代理人的）委托书；代理人

参考例句：

• You may appoint a proxy to vote for you.你可以委托他人代你投票。
• We enclose a form of proxy for use at the Annual General Meeting.我们附上委任年度大会代表的表格。

13 lawsuit   

n.诉讼，控诉

参考例句：

• They threatened him with a lawsuit.他们以诉讼威逼他。
• He was perpetually involving himself in this long lawsuit.他使自己无休止地卷入这场长时间的诉讼。

14 eligible   

adj.有条件被选中的；(尤指婚姻等)合适(意)的

参考例句：

• He is an eligible young man.他是一个合格的年轻人。
• Helen married an eligible bachelor.海伦嫁给了一个中意的单身汉。

15 reconstruction   

n.重建，再现，复原

参考例句：

• The country faces a huge task of national reconstruction following the war.战后，该国面临着重建家园的艰巨任务。
• In the period of reconstruction,technique decides everything.在重建时期，技术决定一切。

16 amendments   

（法律、文件的）改动( amendment的名词复数 )； 修正案； 修改； （美国宪法的）修正案

参考例句：

• The committee does not adequately consult others when drafting amendments. 委员会在起草修正案时没有充分征求他人的意见。
• Please propose amendments and addenda to the first draft of the document. 请对这个文件的初稿提出修改和补充意见。

17 decided   

adj.决定了的，坚决的；明显的，明确的

参考例句：

• This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
• There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。

18 illiteracy   

n.文盲

参考例句：

• It is encouraging to read that illiteracy is declining.从读报中了解文盲情况正在好转，这是令人鼓舞的。
• We must do away with illiteracy.我们必须扫除文盲。

19 participation   

n.参与，参加，分享

参考例句：

• Some of the magic tricks called for audience participation.有些魔术要求有观众的参与。
• The scheme aims to encourage increased participation in sporting activities.这个方案旨在鼓励大众更多地参与体育活动。

20 renewal   

adj.(契约)延期，续订，更新，复活，重来

参考例句：

• Her contract is coming up for renewal in the autumn.她的合同秋天就应该续签了。
• Easter eggs symbolize the renewal of life.复活蛋象征新生。

21 compliance   

n.顺从；服从；附和；屈从

参考例句：

• I was surprised by his compliance with these terms.我对他竟然依从了这些条件而感到吃惊。
• She gave up the idea in compliance with his desire.她顺从他的愿望而放弃自己的主意。

22 advisers   

顾问，劝告者( adviser的名词复数 )； （指导大学新生学科问题等的）指导教授

参考例句：

• a member of the President's favoured circle of advisers 总统宠爱的顾问班子中的一员
• She withdrew to confer with her advisers before announcing a decision. 她先去请教顾问然后再宣布决定。

23 jurisdictions   

司法权( jurisdiction的名词复数 )； 裁判权； 管辖区域； 管辖范围

参考例句：

• Butler entreated him to remember the act abolishing the heritable jurisdictions. 巴特勒提醒他注意废除世袭审判权的国会法令。
• James I personally adjudicated between the two jurisdictions. 詹姆士一世亲自裁定双方纠纷。

24 license   

n.执照，许可证，特许；v.许可，特许

参考例句：

• The foreign guest has a license on the person.这个外国客人随身携带执照。
• The driver was arrested for having false license plates on his car.司机由于使用假车牌而被捕。

25 proficient   

adj.熟练的，精通的；n.能手，专家

参考例句：

• She is proficient at swimming.她精通游泳。
• I think I'm quite proficient in both written and spoken English.我认为我在英语读写方面相当熟练。