Harris County`s Response to Section 203 and the

Harris County’s Response to Section 203
and the Voting Rights Act of 1975:
An Overview of Current Procedures and Needs
Assessment for Vietnamese Minority Language
Assistance
Beverly B. Kaufman
Harris County Clerk
1001 Preston, 4th Floor
Houston, TX 77002
Updated as of February 2004
Prepared by and for More Information, contact:
David Beirne
Director of Public Affairs
Office of Harris County Clerk, Beverly Kaufman
1001 Preston, 4th Floor
Houston, TX 77002
713.755.5792
1
Contents
I.
Official Section 203 Federal Guidelines
II.
Moving towards Compliance
A. Overview
B. Methodology
III.
Initial Adoption of Procedures
A. Early Voting By-Mail Assistance
B. Early Voting By-Personal Appearance Assistance
C. Election Day Assistance Measures
D. Targeting Precincts for Election Day Assistance
IV.
Rating Success
V
Media Advertising
VI.
Consultations with the United States Department of Justice
VII.
Summary
Appendices
A.- Vietnamese Advisory Committee members
B.- Memorandum of Understanding
2
EXECUTIVE SUMMARY
On July 26, 2002 Harris County was notified of new Vietnamese language minority requirements
that apply to all election related forms, voting instructions, etc. that are used to disseminate information
to the general public. All official documents, affidavits, and especially ballot language must be translated
into the appropriate language. Language minority requirements are triggered based on a determination
made by the United States Census Department. These determinations identify two possible criteria that
may be met to require new language minority requirements, one is a population that makes up at least 5%
of the jurisdiction or 10,000 individuals of a single language minority group possessing limited English
proficiency. The latter criteria was used in the assessment of Harris County to trigger new language
requirements.
The Code of Federal Regulations outlines general responsibilities for each jurisdiction covered
by minority language requirements and details how to properly establish a language assistance program.
A properly structured program will consist of translated documents for processing voters, establishment
of an advisory committee and an effective outreach program. Throughout the material published by the
United States Department of Justice, and within the Code of Federal Regulations detailing Section 203, the
desire for individual jurisdictions to develop responses unique to their needs is clear. Key components of a
Section 203 program and the efforts undertaken by Harris County include:
1. Establishment of a Vietnamese Advisory Committee;
2. Development of Language Assistance Materials for all affidavits and election
related publications;
3. Advertising, the Harris County Clerk publishes all legal notices and various
display ads in the Vietnamese language;
4. Bilingual pollworker recruitment- Preliminary recruitment efforts have borne
little fruit thus far, but recruitment efforts continue.
5. Vietnamese language ballots- eSlate now possesses the Vietnamese language
and voters will be able to request a English/Spanish or English/Vietnamese
ballot;
While Harris County continues to lack any formal reports from the United States Department
of Justice regarding the conduct of the 2003 City of Houston, METRO, Houston ISD, and Houston
Community College Joint Election, Harris County has been encouraged to enter into a Memorandum of
Understanding with the Department of Justice which outlines Harris County’s commitment to working
in the community and outlining the various tasks that Harris County will be responsible for as part of an
expanded Section 203 program.
The initial Harris County Vietnamese language assistance program has been implemented for the
past year and a half and while there have been some valuable achievements, the United States Department
of Justice has expressed a desire for an aggressive pollworker recruitment effort and a communications
strategy that will employ more resources and consist of an expanded advisory committee. The primary
focus of Harris County’s Vietnamese language assistance program in the future for Harris County will
incorporate an individual dedicated solely to the issues of the Vietnamese Community and who can
respond appropriately to their questions and answers and increase the overall flexibility associated with
Harris County’s efforts. It is the intent of the Harris County Clerk’s office to also pursue this type of
endeavor in the Hispanic community as it constitutes 33% of the Harris County population versus 2% for
the Vietnamese community. Harris County is not unique in this regard and while other jurisdictions have
entered into such an agreement under threat of lawsuit and/or through a consent decree, the opportunity
exists for Harris County to institute these measures proactively with the installation of two Coordinator
positions, one dedicated to the Vietnamese community and the other dedicated to the Hispanic community.
3
Federal Guidelines:
A published step-by-step guide to implementing Section 203 compliance measures is covered within the
Code of Federal Regulations, 28 C.F.R. Part 55. Below is a summary of the major facets that should be
incorporated in a Section 203 compliant program:
55.2 Purpose; standards for measuring compliance.
Two basic standards are used by the United States Attorney General in measuring compliance:
1.) 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.) An affected jurisdiction should take all reasonable steps to achieve that goal.
(c) The determination of what is required for compliance with section 4(f)(4) and section 203(c) is the
responsibility of the affected jurisdiction. These guidelines should not be used as a substitute for analysis
and decision by the affected jurisdiction.
55.9 Coverage of political units within a county.
Where a political subdivision is determined to be subject to section 4(f)(4) or section 203(c), all political
units that hold elections within that political subdivision (e.g., cities, school districts) are subject to the
same requirements as the political subdivision.
55.15 Affected activities.
Language minority requirements apply to the provision of “any registration or voting notices, forms,
instructions, assistance, or other materials or information relating to the electoral process, including
ballots.” This language should be broadly construed to apply to all stages of the electoral process, from
voter registration through activities related to conducting elections.
55.16 Standards and proof of compliance.
Compliance with the requirements of section 4(f)(4) and section 203(c) is best measured by results.
A jurisdiction is more likely to achieve compliance with these requirements if it has worked with the
cooperation of and to the satisfaction of organizations representing members of the applicable language
minority group. In planning its compliance with section 4(f)(4) or section 203(c), a jurisdiction may,
where alternative methods of compliance are available, use less costly methods if they are equivalent to
more costly methods in their effectiveness.
55.18 Provision of minority language materials and assistance.
(a) Materials provided by mail. If materials provided by mail generally to residents or registered voters
are not all provided in the applicable minority language, the Attorney General will consider whether
an effective targeting system has been developed. For example, a separate mailing of materials in the
minority language to persons who are likely to need them or to residents of neighborhoods in which such
a need is likely to exist, supplemented by a notice of the availability of minority language materials in the
general mailing and by other publicity regarding the availability of such materials may be sufficient.
(b) Public notices. The Attorney General will consider whether public notices and announcements of
electoral activities are handled in a manner that provides members of the applicable language minority
group an effective opportunity to be informed about electoral activities.
(d) Polling place activities. The Attorney General will consider whether polling place activities are
conducted in such a way that members of the applicable language minority group have an effective
opportunity to vote. One method of acccomplishing this is to provide all notices, instructions, ballots,
and other pertinent materials and oral assistance in the applicable minority language. If very few of
the registered voters scheduled to vote at a particular polling place need minority language materials or
4
assistance, the Attorney General will consider whether an alternative system enabling those few to cast
effective ballots is available.
(e) Publicity. The Attorney General will consider whether a covered jurisdiction has taken appropriate steps
to publicize the availability of materials and assistance in the minority language. Such steps may include
the display of appropriate notices, in the minority language, at voter registration offices, polling places, etc.,
the making of announcements over minority language radio or television stations, the publication of notices
in minority language newspapers, and direct contact with language minority group organizations.
55.19 Written materials
(a) Types of materials. It is the obligation of the jurisdiction to decide what materials must be provided
in a minority language. A jurisdiction required to provide minority language materials is only required
to publish in the language of the applicable language minority group materials distributed to or provided
for the use of the electorate generally. Such materials include, for example, ballots, sample ballots,
informational materials, and petitions.
(b) Accuracy, completeness. It is essential that material provided in the language of a language minority
group be clear, complete and accurate. In examining whether a jurisdiction has achieved compliance with
this requirement, the Attorney General will consider whether the jurisdiction has consulted with members of
the applicable language minority group with respect to the translation of materials.
(c) Ballots. The Attorney General will consider whether a jurisdiction provides the English and minority
language versions on the same document. Lack of such bilingual preparation of ballots may give rise to the
possibility, or to the appearance, that the secrecy of the ballot will be lost if a separate minority language
ballot or voting machine is used.
(d) Voting machines. Where voting machines that cannot mechanically accommodate a ballot in English
and in the applicable minority language are used, the Attorney General will consider whether the
jurisdiction provides sample ballots for use in the polling booths. Where such sample ballots are used, the
Attorney General will consider whether they contain a complete and accurate translation of the English
ballots, and whether they contain or are accompanied by instructions in the minority language explaining
the operation of the voting machine. The Attorney General will also consider whether the sample ballots
are displayed so that they are clearly visible and at the same level as the machine ballot on the inside of the
polling booth, whether the sample ballots are identical in layout to the machine ballots, and whether their
size and typeface are the same as that appearing on the machine ballots. Where space limitations preclude
affixing the translated sample ballots to the inside of the polling booths, the Attorney General will consider
whether language minority group voters are allowed to take the sample ballots in the voting booths.
55.20 Oral assistance and publicity.
(a) General. Announcements, publicity, and assistance should be given in oral form to the extent needed to
enable members of the applicable language minority group to participate effectively in the electoral process.
(b) Assistance. The Attorney General will consider whether a jurisdiction has given sufficient attention to
the needs of language minority group members who cannot effectively read either English or the applicable
minority language and to the needs of members of language minority groups whose languages are
unwritten.
(c) Helpers. With respect to the conduct of elections, the jurisdiction will need to determine the number of
bilingual pollworkers that must be provided. In evaluating the provision of assistance, the Attorney General
will consider such facts as the number of a precinct’s registered voters who are members of the applicable
language minority group, the number of such persons who are not proficient in English, and the ability of a
voter to be assisted by a person of his or her own choice. The basic standard is one of effectiveness.
5
Moving Towards Compliance
On July 26, 2002, Harris County was notified by the United States Department of Justice of new
language requirements for its Vietnamese community. This requirement became effective upon July 26th
and was triggered based on the determination made by the United States Department of Census that more
than 10,000 of a single language minority group (Vietnamese) possessed limited English-proficiency.
Minority languages were included as a covered minority under the Voting Rights of 1965 based on an
amendment that was passed in 1975 and the addition of Section 203. Congress found the following to be
the circumstances with regards to the issue of language in the United States, “through the use of various
practices and procedures, citizens of language minorities have been effectively excluded from participation
in the electoral process...The Congress declares that, in order to enforce the guarantees of the fourteenth and
fifteenth amendments to the United States Constitution, it is necessary to eliminate such discrimination by
prohibiting these practices. (DOJ, www.usdoj.gov).
On August 26, 2002, the Harris County Clerk’s office convened the first of five meetings of the
Harris County Clerk’s Vietnamese Advisory Committee that would be held prior to the conduct of the 2002
General Election, the first county election in which Harris County would be subject to these new language
requirements. The Harris County Clerk’s Vietnamese Advisory Committee was structured to solicit
feedback from representatives of the Vietnamese Community and to provide for a method of communication
to the Vietnamese community on the procedures that would be made available to voters who need language
assistance.
METHODOLOGY
Data were initially gathered in partnership with the Harris County Tax Collector’s office to
ascertain the relative densities of the Vietnamese voting population based on United States Census data.
Unfortunately, the United States Census data did not isolate the Vietnamese community using voting
precinct lines (defined as “VTD”, Voting Term District) thereby limiting the overall accuracy of the initial
assessments. Using a threshold of greater than zero, all precincts containing at least one registered voter
were reviewed and labeled as a targeted precinct for the purpose of providing language materials. Over 200
precincts were initially targeted based solely on individuals of Vietnamese descent and the corresponding
Census information. Subsequent information was developed through a national data firm, Election Data
Services, to develop a more accurate means for assessing densities of the Vietnamese language community
and especially, those defined to possess limited English Proficiency. In addition to this information,
Vietnamese surnames appearing on the Harris County registered voter roll were used to ascertain strengths
for the Vietnamese community and this information correlated strongly with the information provided by
Election Data Services. This listing of surnames has enabled the Harris County Clerk’s office to develop
an initial roster of precincts/polling locations that would be possibly in need of Vietnamese language
assistance.
6
Harris County, TX
2002 Precincts
Percent of VAP who
speak Vietnamese at home
<5% 5-10% >10%
Percent of Asian
<5%
VAP who do not
speak English well 5-10%
or at all
>10%
VAP = Voting Age Population, 18+ years
Copyright 2003 Election Data Services, Inc.
Above: Overview of Harris County Vietnamese population and legend reflecting percentage of Asian Voting Age
Population who do not speak English well or at all and Percent of Voting Age Population who speak Vietnamese at home.
Greater than 5% is standard for assessing areas of greatest need. Below: Closeup of Northwest Harris County.
0828
0513
0805
0623
0757
0837
0838
0479
Harris County, TX
0614
0451
0484
0669
0478
0602
0519
0592
0660
0629
0516
0823
0481
0113
0799
0878
0468
0549
0698
0125
2002 Precincts
0875
0641
0480
0640
0873
0613
0358
0400
Percent of VAP who
speak Vietnamese
at home
0713
<5% 5-10% >10%0518
0050
Percent of Asian
<5%
VAP who do not
speak English well 5-10%
or at all
>10%
0800
0548
0697
0843
0864
0868
0671
0759
0366
0496
0495
0467
0687
0609
0855
0753
0512
VAP = Voting Age Population, 18+ years
0642
0877
0593
0074
0628
0859 0723
0767
0661
0594
0169
0147
0109
0364
0622
0494
0861
0848
0398
0771
0523
0260
0701
0157
0498
02460450
0322
0155
0576
0383
0689
0578
Copyright 2003 Election Data Services, Inc.
0117
7
0270
0040
0193
0194
0210
0389
0218
0871
0085
0140
0066
0343
0228
0219
0211
0766
0238 0822
0404
0277
0267
0419
0275
0036
0239
0329
0191
0035
0785
0708
0278
0221
0142
0872
0285
0573
Percent of0295
VAP who 0237
0068 Vietnamese at home
speak
0276
<5% 5-10% >10%
0172
0786
0394
0188
0231
0203
0236
Percent of Asian
<5%
0158
VAP who do not
speak English well 5-10%
0294
or at all
>10%
0181
0242
0379
0308
0029
0093
0770
0348
0288
0240
0762 0763
0134
0392
0
0301
0190
0094
0526
0067
0538
2002 Precincts
0564
0777
0023
0156
0235
0031
0226
0154
0180
223
0527
0860
0072
0390
0136
0540
0857
Harris County, TX
0247
0132
0280
0793
0289
0257
0752
0328
0607
0336
VAP = Voting Age Population,
18+ years 0271
0347
0422
0243
0077
0402
0355
0755
0849
0418
0536
0801
0715
0076
0842
0774
0630
0417
0654
0476
0475
0545
0331
Copyright 2003 Election Data Services, Inc.
0537
Above: Close-up of Southeast Harris County. Below: Close-up of Southwest Harris County.
0761
0209
0095
0511
0483
0305
0265
0441
Harris County, TX
0437
0461
0706
0309
0118
0388
0258
0439
0438
0645
0711
0395
0356
0504
0499
0807
0559
0814
0312
0572
0646
0773
0338
0300
0488
Percent of VAP who
speak Vietnamese at home
<5% 5-10% >10%
0597
0297
0808
0503
0311
0781
0457
0627
Percent of Asian
<5%
VAP who do not
speak English well 5-10%
or at all
>10%
0462
0555
0315
0693
0489
0525
0652
0372
0554 0291
8
0182
0176
0317
0281
0403
0424
0819
0255
0146
0014
0287
0453
0638 0022
0458
0337
Copyright 2003 Election Data Services, Inc.
0268
0826
0506
VAP = Voting Age Population, 18+ years
0215
0316
0304
0293
0384
0214
0128
0686
0008
0490
0359
0539
0788
0685
0314
0829
0556
0649
0430
0335
0284
0427
0831
0869
0425
0429
0431
0567
0256
0565
017
0345
0296
0426
0143
0557
0428
2002 Precincts
0546
0487
0647
0507
0508
0178
0570
0566
0624
073
0684
0569
0432
0282
0421
0600
0491
0436
0129
0272
0839
0298
0882
0524
0234
0435
0434
0313
0433
0620
0558
06
0303
0385
0130
0727
0765
0273
0492
0493
0510
0625
0269
0440
0575
0626
0730
0274
0213
0286
01
00
Initial Adoption of Procedures
Based on the advice and consent of the Harris County Clerk’s Vietnamese Advisory Committee, the following procedures were adopted in the months preceding the November 5, 2002 General Election and
subsequently precleared by the United States Department of Justice:
Early Voting By-Mail Assistance:
The initial assessment of the Vietnamese population densities in Harris County and lack of
accurate data existing at the voter precinct level led to the decision that all by-mail recipients residing
in voting precincts possessing at least one Vietnamese resident would receive a Vietnamese packet of
translated materials and a Vietnamese/English sample ballot to assist in the voting process. Regardless
of surname, each voter applying for a ballot-by-mail who resides in one of the two-hundred twenty-three
(223) precincts possessing at least one Vietnamese resident would receive this packet of information. In
addition to this packet of translated forms being made available to roughly 25% of all voting precincts and
their by-mail voters, all remaining ballot-by-mail recipients, regardless of surnames, received a general
notice of availability for Vietnamese translated forms based on their own individual needs and to establish
an additional avenue for obtaining language assistance. Vietnamese/English versions of applications for
a ballot-by-mail were made available to all interested individuals and were circulated among the political
parties, campaigns, as well as the Vietnamese Community.
Early Voting By-Personal Appearance Assistance:
Prior to the mandate of Vietnamese language requirements, the Harris County Clerk’s office
already provided language assistance through the use of bilingual (Vietnamese/English) pollworkers at
particular early voting locations in Harris County based on feedback provided by early voting officials
and understanding of local demographics in the vicinity of early voting locations such as Alief Regional
Library. In preparation for the early voting period in the State of Texas (Early Voting permits voters to vote
at any one of thirty (30) early voting locations two weeks prior to an election), the County Clerk’s office
completed the translation/preparation of the following materials:
1. Voter Education tape- Use of trilingual orientation tape on the use of the eSlate voting
system prior to all voters entering early voting location;
2. Voter Instructions- Development of supplemental flyers in Vietnamese on how to use
the eSlate voting system;
3. Vietnamese Language Assistance Kit- Assemblage of various forms and affidavits
necessary for voters to use to verify eligibility prior to acceptance for voting;
4. Vietnamese Language Ballot Template- At the time of the adoption of Section 203
procedures, the eSlate voting system was unable to reflect the Vietnamese language
directly on each of the voting units. While not the preferred method, one method
that was permissible within the Section 203 compliance guidelines was the
provision of a “template” that provides a translation in exactly the same format as
the ballot appears in English and Spanish which Vietnamese voters
are permitted to take into the polling booth as permitted under Texas state law.
5. Vietnamese Language Sample Ballots/Prescribed Signage-As required under Texas
state law and applicable to the use of Spanish language materials, all prescribed
notices and signage were translated and posted in each of the early voting locations.
6. Appointment of bilingual early voting
9 personnel where necessary;
7. Phone assistance made available for general inquiries and assistance throughout
month preceding election.
Election Day Assistance Measures:
Based on the findings from the listing of Vietnamese surnames and the data gathered by Election
Data Services, it was determined that an aggressive response was necessary to provide the proper level
of Section 203 Compliance in election day polling locations. Due to the outdated nature of the United
States Census department data in 2002 and the possibility of a voter of Vietnamese descent moving from
a particular area after the release of Census information, it was determined that all polling locations
open during a general election day would have all of the necessary translated forms and election related
documents to properly assist Vietnamese voters. In order to lessen confusion and difficulty with using
unique election related forms for Harris County, a Vietnamese Language Assistance Kit was developed
containing translations of all of the forms that may need to be employed during the verification process of
a voter’s eligibility on election day while the voter executed the official documents provided in English
and Spanish. In addition, all other official notices required to be posted in the polling place pursuant to the
Texas Election Code were translated and accommodated in either a trilingual or monolingual format.
In preparation for the November 5, 2002 General Election, the need for bilingual pollworkers was
evident as many election judges who are charged with appointing their clerks, were not aware of the new
language requirements. In order to assist them in this recruitment process, a mailing to all Vietnamese
surnamed households was conducted which detailed, in English and Vietnamese, what type of language
assistance to anticipate at the polling place. Election Day assistance measures were very similar to early
voting measures and included the following:
1. Voter Education tape- Use of trilingual orientation tape on the use of the eSlate voting
system.
2. Voter Instructions- Development of flyers in Vietnamese on how to use the eSlate;
3. Vietnamese Language Assistance Kit- Assemblage of various forms and affidavits
necessary for voters to use to verify eligibility prior to acceptance for voting;
4. Vietnamese Language Ballot Template- At the time of the adoption of Section 203
procedures, the eSlate voting system was unable to reflect the Vietnamese language
directly on each of the voting units. While not the preferred method, one method
that was permissible within the Section 203 compliance guidelines was the
provision of a “template” that provides a translation in exactly the same format as
the ballot appears in English and Spanish which Vietnamese voters
are permitted to take into the polling booth as permitted under Texas state law.
5. Vietnamese Language Sample Ballots/Prescribed Signage-As required under Texas
state law and applicable to the use of Spanish language materials, all prescribed
notices and signage were translated and posted in each of 720 election day polling
locations.
6. Appointment of bilingual election day personnel where necessary and when available;
7. Phone assistance made available for general inquiries and assistance throughout
month preceding election.
Targeting Precincts for Election Day Assistance:
With no infrastructure in place prior to July, 2002 for the recruitment of pollworkers, a pollworker
application was developed and distributed to members of the Vietnamese community. This same
application was included within the mailing to 16,000 Vietnamese households prior to the November 5,
10
2002 General Election. All of these efforts yielded only a total field of 43 applicants in preparation
for the 2002 General Election. As seen with the issue of pollworker recruitment in general, the issue
of availability, long hours, low pay and an unwillingness to work outside the voter’s immediate
neighborhood continue to be a substantial problem for individuals initially expressing interest
and agreeing to work the polls during early voting or on election day. Twenty-two (22) bilingual
pollworkers were placed in precincts which had 100 plus registered Vietnamese voters. Onehundred was used as the initial benchmark based on our report reflecting the frequency (density) of
Vietnamese surnames. On Chart A below you will find a listing of precincts (prior to the adjustment
of precinct lines with redistricting) that reflect the density of Vietnamese surnames. All precincts
that received Vietnamese bilingual pollworkers are highlighted in yellow, this initial report was
pulled from the voter registration roll as of April 2002:
Chart A
Precinct
0508
0649
0557
0428
0211
0647
0697
0300
0338
0689
0654
0036
0614
0507
0773
0468
0842
0622
0609
0467
0311
0260
0417
0593
0545
0723
0627
0613
0620
0536
0646
0687
0765
0426
*0475
*0453
Number of Voters
485
448
376
324
294
291
270
267
247
236
234
220
195
189
189
185
180
172
167
165
161
156
156
155
153
149
144
143
140
139
138
137
136
125
101
94
11
Precinct Assignments
for November 2002
Harris County
General Election of
Vietnamese/English
bilingual pollworkers.
Total Precincts: 20
Percentage of
Precincts (889): 2.2%
Vietnamese Registered
Voters*: 1.9%*
*est. 35,000 out of 1.8 million
*Precincts possess either just
under or just over 100 Vietnamese
surnamed voters.
**Total number of Precincts with
100+ voters as of April 2002 is 95.
RATING SUCCESS
Any attempt to rate the success of Harris County’s Vietnamese program must take into account
the election environment in the State of Texas. Under Texas law, the Harris County Clerk possesses
discretionary authority when contracting to conduct a political subdivision’s election. Under each election
services contract, each respective political subdivision remains responsible for filing its own Section 5
preclearance submission to the United States Department of Justice as required under the Voting Rights
Act. Included within this Section 5 requirement is any change in election procedures, such as language
assistance. Only two (2) elections have fallen directly under the authority of the Harris County Clerk’s
office since the July 2002 notification of Vietnamese language requirements, the November 5, 2002 General
Election and the September 13, 2003 State Constitutional Amendment Election. The Harris County Clerk
has received various inquiries into the applicability of Section 203 requirements on various entities within
Harris County. All individual political subdivisions are responsible for adopting the necessary procedures
to comply with Vietnamese language requirements in addition to any compliance measures inherited
when contracting for the conduct of an election. This type of election environment separates the State of
Texas from other states that mandate the county elections office to conduct various elections for political
subdivisions and are the primary, if not sole, respondent for election violations and compliance with the
Voting Rights Act. Only with a proper understanding of the decentralized nature of elections in the State of
Texas and Harris County is a review of the Vietnamese minority language assistance program approachable.
Our success from the November 2002 General Election reflects polling place assignments for
bilingual (Vietnamese/English) pollworkers that is relative to the percentage of the population. Having said
this, the Harris County Clerk’s office recognizes that other precincts possessing high levels of Vietnamese
voters may need language assistance provided by polling officials. While phone assistance is an available
means of providing assistance, it should certainly not be construed as a panacea for compliance with
Section 203 although it is seen as an acceptable means for a backup measure. As listed in the published
Code of Federal Regulations, one of the critical features to bilingual assistance is one of effectiveness. One
would be remiss not to identify one of the more effective means of providing assistance which consists
of educating the Vietnamese community on the permissibility of bringing family members or friends to
the polls to provide language assistance. This would address an issue that arose after the conduct of the
2002 General Election. With the additional recruitment efforts undertaken by our office and the number
of placements, roughly 25% of the polling places assigned a bilingual (Vietnamese/English) pollworker
experienced a complaint on the availability or level of quality of assistance. Under Texas State law, all
election clerks must be proficient in English in order to communicate with the Presiding Election Judge
and other voters. Complaints received from voters and/or campaigns ranged in severity from bilingual
pollworkers not being immediately available to circumstances in which the voter felt the level of assistance
was too aggressive. Other complaints came from voters and pollworkers alike regarding the general
English proficiency of some bilingual clerks and the difficulty in communicating with them. With the use
of certified translators in polling places not a employable alternative based on current pay scales, additional
quality measures will need to be instituted to verify English proficiency as well as separate training sessions
on acceptable levels of assistance.
Other issues stemming from the initial implementation of our Vietnamese language assistance
program include the accuracy of translated materials. The Harris County Clerk’s office continues to receive
comments regarding perceived inaccuracies of translations. Throughout the process, the County Clerk’s
office has received feedback on translations from members of the Vietnamese Advisory Committee and the
general public and followed up on any issues indicating a possible problem. A few adjustments have been
necessary to correct grammatical mistakes and other circumstances, but the overall problem continues to
focus on the development of legal translations versus translations used for the purpose of communications.
Legal translations of various election related affidavits are subject to certain standards for reading levels
and accuracy. While some terms or language usage may not be easily understood and may be difficult to
12
carry over in a translation, the fundamental problem appears to focus on the issue of semantics. The
original translation firm employed by the County Clerk, Transcend, was based out of California and is
a translation firm used by various government offices throughout the United States and was used for the
initial development of legal translations. All of the official affidavits and forms were sent to Transcend
for translation, but due to the implementation timeline for translated materials, LanguageUSA, Inc., a
local firm was employed to meet the ever shortening election preparation timetable.
One of the best methods for assessing success of the initial program instituted for Section 203
compliance is a review of voting trends between the 2002 General Election, the first in which language
assistance was employed, and that of 1998, the last comparable gubernatorial election. While individual
precincts numbers may vary as a result of redistricting, a positive trend can be seen indicating that even
with an expanded number of Vietnamese workers present, the level of assistance provided throughout
the initial adoption of Section 203 measures reflects the election process remained open and did not
serve as a deterrent or as an obstacle to the exercise of voting rights.
Table 1: Vietnamese Turnout during the last two gubernatorial election cycles for comparison
purposes (pre and post Section 203 enactment)
2002 Primary Election
2002 General Election
Vietnamese Voters: 19,635
Vietnamese Voters: 21,776
Vietnamese Turnout: 620
Vietnamese Turnout: 6,779
Vietnamese Turnout %: 3.2
Vietnamese Turnout %: 31.1
CountyWide %: 10.1
Countywide %: 35.01
1998 Primary Election
Vietnamese Voters: 9,334
Vietnamese Turnout: 176
Vietnamese Turnout %: 1.89
CountyWide %: 7.0
1998 General Election
Vietnamese Voters: 10,530
Vietnamese Turnout: 2,848
Vietnamese Turnout %: 27.0
Countywide %: 31.3
*As of February 2004, Vietnamese Active Voters total 25,804 or 1.7% of all active voters in Harris County.
**Statistics developed using surname listing provided in cooperation with Vietnamese Advisory Committee
participants and VN Teamwork
***All statistics gathered using statistics from the Harris County Clerk’s office.
Using Table 1 (above) as an indicator, voter registration in the Vietnamese community has risen 56.6%
in the last six years. At the same time, turnout levels have stayed consistent with regards to the county
general elections leveling out at four percentage points lower than the county’s overall turnout level
in both 1998 and 2002. Even with the sharp rise in voter registration, the elections process appears
to be one that is broad enough at the moment to maintain the same level of service to the Vietnamese
community. Looking at the primary elections, turnout is substantially less than the overall county which
is much more of an indicator of involvement in the political party process rather than an indication of
overall voter enfranchisement.
MEDIA ADVERTISING
During the 2002 General Election season, Harris County unveiled its new eSlate voting system
and as part of this effort incorporated a substantial media push regarding elections and the use of the new
eSlate. In the fall of 2002, the Harris County Clerk published various display ads in African-American
and Hispanic newspapers as well as various Vietnamese/Asian community newspapers. In addition,
members of the Harris County Clerk’s office partnered with members of the Vietnamese Advisory
Committee for various outreach events and demonstrations of the eSlate voting system. Members of the
Vietnamese Advisory Committee also became members of the Speaker’s Bureau program and dedicated
themselves to being on-hand to handle various demonstrations. VN Teamwork, a local Vietnamese
community organization, has provided semi-permanent housing for a demonstration unit of the eSlate
13
for individuals in the most heavily populated Vietnamese community in Harris County. The required legal
notices in Harris County have continued to be published in the Houston Chronicle as the publication of
record in accordance with Texas election law, but future efforts in anticipation of the 2004 General Election
will focus on Vietnamese publications for additional information regarding language assistance procedures
and general election information.
Table 2: HarrisVotes! Vietnamese Community Ad Buy Details-Fall 2002
Asian/English Language
Voice of Asia (English)
Indo-American News
Southern Chinese Daily News
Circulation
6000
2500
25,000
Ad size
1/4 page
1/4 page/6x6; 3.25” x 10”
1/4 page 5.7” x 10.2”
Total Cost
$210.00
$130.00
$408.00
Vietnamese Language
Dep Weekly Magazine (Viet)
Viet Nam Daily News
Ngay Nay (Vietnamese)
Circulation
unknown
10,000
17,000
Ad size
7.3” x 9.5”
6.25 x 10.25
6.75” x 10.25”
Total Cost
$1,200.00
$250.00
$280.00
In addition to the ads listed above, the Harris County Clerk’s office also published all legal notices in
the Houston Chronicle and instituted various publications for dissemination the Vietnamese language.
Appearances on local Vietnamese radio outlets also supplemented the overall outreach effort by the Harris
County Clerk’s office.
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14
SAMPLE BALLOT LAÙ PHIEÁU MAÃU
GENERAL AND SPECIAL ELECTIONS
TOÅNG TUYEÅN CÖÛ VAØ CAÙC CUOÄC BAÀU CÖÛ ÑAËC BIEÄT
HARRIS COUNTY, TEXAS
QUAÄN HARRIS, TEXAS
November 5, 2002-Ngaøy 5 Thaùng Möôøi Moät, 2002
All Precincts- Taát Caû Khu Baàu Cöû
United States Representative,
District 9
Instruction Note:
TO VOTE: Mark the ballot by placing an “X” in
the square beside your candidate or proposition
choices.
Lieutenant Governor
Phoù Thoáng Ñoác
Daân Bieåu Hoa Kyø, Ñòa Haït 9
TO VOTE STRAIGHT PARTY: You may cast a
straight-party vote (that is, cast a vote for all the
nominees of one party) by placing an “X” in the
square next to the name of party of your choice. If
you cast a straight-party vote for all the nominees
of one party and also cast a vote for an opponent
of one of that party’s nominees, your vote for the
opponent will be counted as well as your vote
for all other nominees of the party for which the
straight-party vote was cast.
TO CAST A WRITE-IN VOTE: You may vote for a
write-in candidate by placing an “X” in the square
to the left of the write-in choice and entering the
name of the candidate you wish to write-in.
Baûn Höôùng Daãn:
ÑEÅ BOÛ PHIEÁU: Ñaùnh daáu “X” vaøo oâ vuoâng beân caïnh
öùng cöû vieân hoaëc ñeà luaät maø quyù vò choïn trong laù
phieáu.
ÑEÅ BOÛ PHIEÁU CHO TAÁT CAÛ CAÙC ÖÙNG CÖÛ VIEÂN
CUÛA MOÄT ÑAÛNG: Quyù vò coù theå boû phieáu cho taát
caû caùc öùng cöû vieân cuûa moät ñaûng baèng caùch ñaùnh daáu
“X” vaøo oâ vuoâng beân caïnh teân cuûa ñaûng maø quyù vò löïa
choïn. Neáu quyù vò boû phieáu cho toaøn boä öùng cöû vieân
cuûa moät ñaûng vaø cuõng boû phieáu cho ñoái thuû cuûa moät
trong nhöõng öùng cöû vieân cuûa ñaûng ñoù, laù phieáu baàu
cho ñoái thuû ñoù cuõng seõ ñöôïc tính nhö laø laù phieáu baàu
cho taát caû caùc öùng cöû vieân cuûa ñaûng kia.
ÑEÅ BOÛ PHIEÁU CHO ÖÙNG CÖÛ VIEÂN KHOÂNG COÙ
TRONG DANH SAÙCH: Quyù vò coù theå boû phieáu cho
öùng cöû vieân khoâng coù trong danh saùch baèng caùch ñaùnh
daáu “X” vaøo oâ vuoâng ôû phía beân traùi muïc löïa choïn
khoâng coù trong danh saùch vaø ghi teân cuûa öùng cöû vieân
maø quyù vò muoán ñöa vaøo baàu choïn.
Straight Party
Baàu heát cho moät Ñaûng
Republican Party
Ñaûng Coäng Hoøa
Democratic Party
Ñaûng Daân Chuû
Libertarian Party
Ñaûng Töï Do
David Dewhurst
REP
John Sharp
DEM
Mark David Gessner
LIB
Nathalie Paravicini
GRN
Attorney General
Paul Williams
REP
Nick Lampson
DEM
Dean L. Tucker
LIB
United States Representative,
District 18
Daân Bieåu Hoa Kyø, Ñòa Haït 18
Phillip J. Abbott
REP
Sheila Jackson Lee
DEM
Brent Sullivan
LIB
United States Representative,
District 22
Daân Bieåu Hoa Kyø, Ñòa Haït 22
Tom DeLay
REP
Tim Riley
DEM
Gerald W. “Jerry” LeFleur
LIB
Joel West
GRN
United States Representative,
District 25
Toång Chöôûng Lyù
Greg Abbott
REP
Kirk Watson
DEM
Jon Roland
LIB
David Keith Cobb
GRN
Comptroller of Public Accounts
Kieåm Soaùt Vieân Caùc Tröông Muïc Coâng
SA
LA M P
Ù P LE
HI B
EÁU AL
M LO
AÃ T
U
Chæ Daãn:
Boû phieáu cho öùng cöû vieân hoaëc döï luaät theo yù quyù vò
trong moãi cuoäc baàu cöû baèng caùch ñaùnh daáu “X” vaøo oâ
beân traùi cuûa teân öùng cöû vieân.
Daân Bieåu Hoa Kyø, Ñòa Haït 25
Carole Keeton Rylander
REP
Marty Akins
DEM
Bowie Ibarra
LIB
Ruben L. Reyes
GRN
Ñaûng Xanh
United States Senator
Thöôïng Nghò Só Hoa Kyø
John Cornyn
REP
Ron Kirk
DEM
Scott Lanier Jameson
LIB
Roy H. Williams
GRN
Write-In
Commissioner of the General
Land Office
Tom Reiser
REP
Chris Bell
DEM
Guy McLendon
LIB
George Reiter
GRN
United States Representative,
District 29
UÛy Vieân Toång Vaên Phoøng Ñaát Ñai
Gene Green
DEM
Paul Hansen
LIB
United States Representative,
District 31
Susan Combs
REP
Tom Ramsay
DEM
Vincent J. May
LIB
Jane Woodward Elioseff
GRN
Railroad Commissioner
Daân Bieåu Hoa Kyø, Ñòa Haït 29
Green Party
Daân Bieåu Hoa Kyø, Ñòa Haït 31
John R. Carter
REP
David Bagley
DEM
Clark Simmons
LIB
John S. Peterson
GRN
R.C. Crawford
IND
Governor
Ghi teân öùng cöû vieân löïa choïn
________________________
United States Representative,
District 7
Daân Bieåu Hoa Kyø, Ñòa Haït 7
John Culberson
REP
Drew Parks
LIB
Write-In
United States Representative,
District 8
Daân Bieåu Hoa Kyø, Ñòa Haït 8
UÛy Vieân Noâng Nghieäp
UÛy Vieân Hoûa Xa
Thoáng Ñoác
_______________________
Jerry Patterson
REP
David Bernsen
DEM
Barbara A. Hernandez
LIB
Michael B. McInerney
GRN
Commissioner of Agriculture
Michael L. Williams
REP
Sherry Boyles
DEM
Nazirite R. Flores Perez
LIB
Charles L. Mauch
GRN
Chief Justice, Supreme Court
Thaåm Phaùn Chuû Tòch,
Toái Cao Phaùp Vieän
Rick Perry
REP
Tony Sanchez
DEM
Jeff Daiell
LIB
Rahul Mahajan
GRN
Write-In
Ghi teân öùng cöû vieân löïa choïn
Tom Phillips
REP
Richard G. Baker
DEM
Eugene J. Flynn
LIB
Justice, Supreme Court, Place 1
Ghi teân öùng cöû vieân löïa choïn Thaåm Phaùn, Toái Cao Phaùp Vieän,
_______________________
Gheá 1
Kevin Brady
REP
Gil Guillory
LIB
ENGLISH-VIETNAMESE
Mike Schneider
REP
Linda Yanez
DEM
Quanah Parker
LIB
Justice, Supreme Court, Place 2
Thaåm Phaùn, Toái Cao Phaùp Vieän,
Gheá 2
Dale Wainwright
REP
Jim Parsons
DEM
Brad Rockwell
GRN
Justice, Supreme Court, Place 3
(Unexpired Term)
Thaåm Phaùn, Toái Cao Phaùp Vieän,
Gheá 3 (Nhieäm Kyø Chöa Heát Haïn)
Wallace B. Jefferson
REP
William E. Moody
DEM
Justice, Supreme Court, Place 4
(Unexpired Term)
Thaåm Phaùn, Toái Cao Phaùp Vieän,
Gheá 4 (Nhieäm Kyø Chöa Heát Haïn)
Steven Wayne Smith
REP
Margaret Mirabal
DEM
Judge, Court of Criminal Appeals,
Place 1
Thaåm Phaùn, Toøa Khaùng Caùo Hình
Söï, Gheá 1
Tom Price
REP
John W. Bull
DEM
Stephan Kinsella
LIB
Robert C. (Rob) Owen
GRN
Judge, Court of Criminal Appeals,
Place 2
Thaåm Phaùn, Toøa Khaùng Caùo Hình
Söï, Gheá 2
Paul Womack
REP
Pat Montgomery
DEM
Judge, Court of Criminal Appeals,
Place 3
Thaåm Phaùn, Toøa Khaùng Caùo Hình
Söï, Gheá 3
Cathy Cochran
REP
J.R. Molina
DEM
Ollie Ruth Jefferson
GRN
Member, State Board of Education,
District 4
UÛy Vieân, Hoäi Ñoàng Giaùo Duïc Tieåu
Bang, Ñòa Haït 4
Alma A. Allen
DEM
Kurt R. Kessler
LIB
Member, State Board of Education,
District 6
UÛy Vieân, Hoäi Ñoàng Giaùo Duïc Tieåu
Bang, Ñòa Haït 6
Terri Leo
REP
Member, State Board of Education,
District 7
UÛy Vieân, Hoäi Ñoàng Giaùo Duïc Tieåu
Bang, Ñòa Haït 7
David Bradley
REP
Richard Hargrove
DEM
William J. McNicoll
LIB
Nhö
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Samples of various outreach/
informational materials (clockwise):
1.) Sample ballot in Vietnamese/English 2.)
Ballot template for use by Vietnamese voters
in lieu of Vietnamese appearing on the
eSlate 3.) Vietnamese language bookmarks
to be circulated in 2004 4.) Sample buscard
which appeared on METRO buses serving
the Vietnamese community. 5.) Vietnamese
language early voting poster
a
hieu
ä va aùch an to û caùc cöû
øk
tr
hon
â g c aøn, chín i boû
ñ
an
h
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15
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CONSULTATIONS WITH THE
UNITED STATES DEPARTMENT OF JUSTICE
Beginning soon after notice of the new language requirements in Harris County, representatives
from the United States Department of Justice were on-hand for general consultation on the implementation
of Section 203 requirements. Using the published guidelines available, Harris County set out with
the development of its Section 203 compliance procedures and received preclearance on the adopted
procedures that were in place for the 2002 Harris County General Election.
The Harris County Clerk’s office anticipated having Vietnamese appear directly on the eSlate
voting unit in 2003, but due to delays in the certification process, Harris County was unable to deploy
an eSlate that would permit the Vietnamese language to appear. While not the preferred method, the use
of the Vietnamese/English template continued and was in place for the conduct of the November and
December 2003 City of Houston elections. As of January 2004, Harris County’s eSlate voting system now
possesses the capability of having Vietnamese ballot language appear directly on each of the units.
After the initial implementation phase of Harris County’s Section 203 procedures, it has been the
desire of the Harris County Clerk’s office to expand on the foundation that has been set. This effort will
entail increased communications on the overall election environment, increased recruitment efforts of
bilingual pollworkers and the conduct of town hall meetings for members of the Vietnamese language
community to attend. Future efforts will involve an overall aggressive approach of informing Vietnamese
voters of their individual voting rights, the availability of language assistance, and any recourses available
to them if they feel their voting rights have been infringed upon.
During the conduct of the November and December 2003 Joint Election, various attorneys from
the Department of Justice, in cooperation with the Harris County Clerk’s office, were permitted to visit
polling places to determine the level of assistance available and the overall success of Harris County’s
efforts. In the absence of any formal report, the County Clerk’s office has been advised of the United
States Department of Justice’s desire for the County Clerk to enter into a Memorandum of Understanding
(Appendix B) which underscores the need for an aggressive approach for Vietnamese voter education
through the advent of a full-time position dedicated to communications with the Vietnamese language
community. The “Coordinator” position, as it is referred to in the Memorandum of Understanding,
would be responsible for facilitating all Vietnamese Advisory Committee meetings and its expansion,
further development of pollworker recruitment efforts, and overall communications and functions to
be determined in the best interest of Harris County and Section 203 of the Voting Rights Act. Other
jurisdictions have put full-time coordinator positions in place at the behest (or decree) of the United States
Department of Justice. These jurisdictions include the City of Lawrence, Massachusetts and Bernalillo
County, New Mexico. This model has also been set forth in large urban jurisdictions such as Los Angeles
and Orange counties in California.
SUMMARY
Harris County has developed its initial procedures for complying with Section 203 of the Voting
Rights Act over the past year and a half. Although the initial core is in place, it is important to note that
the changing demographic structure in Harris County, and not the failure of our Section 203 procedures,
necessitates new approaches and a new ability to institute communication strategies that must be
constantly evolving. The incorporation of a full-time Coordinator for the Vietnamese community will
expand on the initial language assistance measures in place and stave off any potential lawsuits from
the Department of Justice based on perceived deficiencies. The Secretary of State has recognized the
Vietnamese language assistance issue as applicable solely to Harris County so the issue of voting rights
violations and any recourses available to the voter must be proactively communicated to the Vietnamese
community through the use of a full-time Coordinator position as Harris County approaches the 2004
General Election. It is this same model that will be recommended for the development of an Hispanic
outreach effort and the institution of an additional Coordinator position dedicated to Hispanic election
related issues and information on individual voting rights.
16
APPENDICES
17
APPENDIX A
Berendt
Tran
Calvert
Duy
Le
Nguyen (Michael)
Nix
Nguyen
Nguyen
Last Name
Susie
Pam
Trang Q.
Rogene
Phan
Long
Cao My
Kim
Cuong
Kim
8300 Mykawa
2900 Travis, Suite A
13374 Trail Hollow Dr.
440 Louisiana, Suite 590
900 Bagby, 1st floor
7457 Harwin Dr., Suite 350-PPL
8415 Hazen St.
11210 Bellaire, Suite 118
2148 Cove Park
8618 Little River Road
2615 Fannin St.
First Name Address
Houston, TX
Houston, TX
Houston, TX
Houston, TX
Houston, TX
Houston, TX
Houston, TX
Houston, TX
Houston, TX
Kemah, TX
Houston, TX
Houston, TX
77002 281-530-6888
77003 713.320.8880
77048 713.731.5156
77006 713-523-0302
77079 713-784-2923
77002 713.223.8855
77002 713.247.2013
77036 832.236.8288
77036 713.828.3098
77072 281.827.8019
77565 281.334.7422
77064 832.277.8871
77002 281.236.5127
281.856.6501
281.530.6888
713.270.0068
713.247.8747
713-523-1805
713.247.2580
713.782.9978
281-855-2868
713.586.9585
713.577.1115
Fax
andrew@
tranqnhan
pjb77079
rogene.ca
dphan444
hiepluc@
nguyenc@
kimpnguy
E-mail
Members of the Vietnamese Advisory Committee
Thang
Kathy
2102 Peace St.
Houston, TX
77084 832.868.4848
P.O. Box 721671
Houston, TX
Houston, TX
Houston, TX
77072 832-860-8274
77019 713-680-9922
281-561-5459
281-933-8118(ph)
713-680-0804
Phone
Han
Joe
12320 Bellaire Blvd., Suite A-1
Houston, TX
Nguyen
1900 N. Loop West, #500
Zip
Vu
Nathan
15719 Boulder Oaks Drive
Van Ngai
Aloysius
13134 Woodvine Trail
City, State
Tran
Andres
Hoang
Shandon
shandonp
hoangduy
nguyenva
kathy.han
kemahdra
Tran
Phan
Others
18
APPENDIX B
Memorandum of Understanding and Agreement
This Memorandum of Understanding and Agreement (“the
Agreement”) is entered into between the United States of America
(“United States") and Harris County, Texas, with an effective
date of [date].
Recitals
1.
On July 26, 2002, the Director of the Census determined
that the County is covered under the requirements of Section 203
of the Voting Rights Act, 42 U.S.C. 1973aa-1a, as it relates to
the Vietnamese language.
2.
Section 203 requires Harris County, Texas, and all of
the political subdivisions within Harris County, to provide all
election notices, forms, instructions, assistance and other
registration and voting materials and information, including
ballots, in the Vietnamese language as well as in English and in
Spanish.
3.
Promptly upon receiving notification that it was a
covered jurisdiction under Section 203 with respect to the
Vietnamese language, the County began efforts to comply fully
with the requirements of Section 203. The County translated into
Vietnamese all election-related materials used in Harris County,
with the exception of those materials that are prescribed and
supplied by the Texas Secretary of State. In addition, the
County established and has maintained a compact Vietnamese
Advisory Committee to aid the County in its efforts to develop a
Vietnamese-language program and to comply with Section 203.
4.
Since Harris County became covered under Section 203
for the Vietnamese language, the County and the United States
have worked together cooperatively to review and enhance the
County's progress in implementing its Vietnamese-language
program. In accordance with Section 5 of the Voting Rights Act,
the County submitted its Vietnamese-language forms and initial
procedures to the Attorney General for review, which forms and
procedures the United States Department of Justice (the
"Department") subsequently precleared. As part of that
submission, the County stated that its E-slate voting machines
would include a Vietnamese version of the ballot by 2003; a
series of circumstances, however, resulted in the E-slate
machines including only English and Spanish versions of the
ballots, so that the County prepared a Vietnamese ballot
�1�
19
“template” to supplement the machine ballot as provided in the
Attorney General’s Minority Language Guidelines.
5.
The County also welcomed the Civil Rights Division,
which has unique experience with minority language programs in
other jurisdictions, to observe the County's Vietnamese-language
program as it operated at the polls on election day, and
cooperated fully in that observation. The Civil Rights Division
was able, as a result of the County's cooperation, to identify a
number of issues in the operations of the County’s program.
Harris County, desiring to remedy any deficiencies in its
Vietnamese-language program, and to establish itself as a model
that other jurisdictions might emulate, has therefore agreed to
the following terms.
6.
The County does not admit to any violation of federal
law.
Harris County actively seeks to implement a model
Vietnamese-language program for compliance with Section 203.
Terms
1. The County, for all county elections and elections
conducted under an election services contract, as defined by the
Texas Election Code, shall provide instructions and ballots in
the Vietnamese language on the same basis as they are provided in
English and Spanish, including on all voting machines. All nonmachine ballots shall be bilingual or trilingual. The County
shall adopt procedures for determining which type of bilingual or
trilingual ballot should be offered or provided to individual
voters. Such procedures shall be subject to compliance with
Section 5 of the Voting Rights Act.
2. Whenever the County enters into an election services
contract with any other entity, political subdivision, or
political party to conduct an election on behalf of that entity,
the County shall require such other entity to agree to abide by
the terms of this Agreement as if such entity were a party to
this Agreement with the United States, and consistent with the
responsibility of each such entity to comply fully with Section
203. Each independent school district or other educational
entity with which the County contracts shall agree to implement a
program that allows and encourages selected bilingual students
(as allowed by state law and as part of an educational program
devised by such district) to serve as poll officials on election
day for all county elections, including election days that fall
on school days. Such students shall receive academic credit
appropriate to their service as well as all pay and benefits of
�2�
20
poll officials.
Harris County
States sixty (60) days prior to
jurisdiction within Harris that
terms of this Agreement, and to
having elections on such date.
agrees to notify the United
each election of each
does agree to cooperate in the
identify all other entities
3. All voter registration and election notices, forms,
instructions, and other materials available to voters in English
shall also be printed in Vietnamese, and shall be displayed or
available in each polling place on the same basis as English
language materials and information. The distribution of
information through the media shall be in the Vietnamese language
in newspapers and other media that exclusively or regularly
publish or broadcast information in Vietnamese.
The
announcements need not be identical in all respects to English
language announcements, but shall be in the form, frequency and
media best calculated to achieve notice and understanding equal
to that provided to the English-literate population and to
provide substantially the same information.
4. The County acknowledges the need for Vietnamese-speaking
personnel in all phases of the election process. The County
shall maintain and publicize telephone numbers where citizens may
obtain election information from Vietnamese-speaking personnel
trained in the entire election process. Polling places which
have more than 50 Vietnamese-surnamed registered voters at the
time of an election usually, but not always, will under the
conditions that prevail in Harris County, require a Vietnamesespeaking poll official or interpreter to assist voters and answer
their questions, and the County will ensure that such personnel
are stationed at each such polling place. The United States
recognizes that this general need may vary from place to place,
and over time; accordingly, the County may establish, subject to
compliance with Section 5 of the Voting Rights Act, a procedure
for determining, for any election, which particular precincts or
polling places have no need for such assistance, or for providing
such assistance through early voting, absentee voting, or other
reasonable means. In such cases, no Vietnamese speaking poll
official or interpreter will be necessary at such a site.
Similarly, the County shall be responsive to evidence that
precincts with fewer than 50 Vietnamese-surnamed registered
voters contain voters who may need Vietnamese assistance, and
shall meet such need through Vietnamese-speaking poll officials
or interpreters or other reasonable means. For each election,
the County shall have Vietnamese-speaking personnel available on
call to travel to polling places as required to assist voters at
any site where a Vietnamese-speaking official is not available.
�3�
21
5. The County shall publicize through Vietnamese-language
media the right of voters who require assistance in casting their
ballots to receive such assistance from any person, other than
the voter’s employer or agent of that employer or officer or
agent of the voter’s union, consistent with Section 208 of the
Voting Rights Act, 42 U.S.C. 1973aa-6 and the Texas Election
Code. The County also shall publicize such information through
English and Spanish language media.
6. To assist in the recruitment of bilingual poll officials
and interpreters, the County shall survey its employees to
identify personnel who speak Vietnamese, and shall make such
employees available for service at the polls on election day, or
place them on call to address questions or problems that may
arise to the extent such employees are available to provide
assistance.
7. In addition to providing training in the operation of
the polls, the operation of voting equipment, and state law
rules, requirements, and election procedures, the County shall
train all election judges, alternate election judges and clerks
in the legal requirements of Section 203 and Section 208 of the
Voting Rights Act, and on the need to avoid inappropriate remarks
and conduct within the polling place. The County shall maintain
a record of which poll officials attend training sessions,
including the time, location and training personnel.
8. The County shall adopt a checklist that each election
judge must complete and sign before the election judge receives
payment for work in the election, subject to applicable state and
federal law, and shall maintain a record of each such failure to
complete and sign the checklist. The checklist shall include
attestation that the election judge posted or made available
Vietnamese-language sample ballots, voter registration and
address update forms, affidavits, and other such items in the
poll kit; that voters were allowed to receive assistance from
persons of their choice in compliance with Section 208 and the
Texas Election Code; and that voters whose names did not appear
on the poll list or who lacked voter registration cards or other
requisite identification were treated equally and as required by
law, the specific legal provisions being described on such
checklist.
9. The County shall employ, on a full time basis, an
individual (“the Coordinator”) to coordinate the Vietnamese
election program for all elections within the County and the
County shall provide that individual transportation and other
�4�
22
support sufficient to meet the goals of this Agreement. The
Coordinator shall work under the supervision of the Harris County
Clerk. The Coordinator’s responsibilities shall include
development and adjustment of Vietnamese publicity programs
matching English language announcements, including selection of
appropriate Vietnamese language media for notices and
announcements; identification of any special informational needs
of the Vietnamese community; preparation of publicity for early
voting sites; recruitment of Vietnamese-speaking poll officials
and interpreters; voter registration programs and general
publicity; translation of ballots and other election information;
development of a Vietnamese election glossary to ensure uniform
terminology in elections; and other aspects of the Vietnameselanguage election program.
10. The Coordinator shall establish an advisory group to
assist and participate in the Vietnamese language program. Such
advisory group shall be open to all interested persons. The
Coordinator shall invite participation by all organizations
listed in Houston’s Asian Pacific American Resource Directory, as
well as other individuals and organizations that work with or
serve the Vietnamese-speaking community in Harris County. The
Advisory Committee may include sub-groups to deal with particular
subject matters, such as voter registration, or to deal with
matters limited to a particular area within Harris County, such
as an election for an independent school district . The advisory
group shall meet at least on a monthly basis through the 2004
elections and post-election review and analysis. The group shall
meet thereafter as needed, and according to schedules for the
full group and for any sub-groups. Such schedules shall be
determined in consultation with the advisory group. The
Coordinator shall notify each member at least 14 days in advance
of the time, location and agenda for the meeting. The
Coordinator shall act as Chair of the advisory group. Within five
days following each meeting, the Coordinator shall provide a
written summary of the discussion and any decisions reached at
the meeting. The group will be advisory in nature, and nothing
in this agreement limits the powers or responsibilities of any
public official.
11. The County shall transmit to all members of the
advisory group by facsimile or electronic transmission copies in
English and Vietnamese of all election announcements and notices
which are provided to the public by the County in English. The
County shall invite recipients to post materials or make
announcements for their members or clients, where appropriate.
Municipalities and other sub-jurisdictions of Harris County which
�5�
23
contract with the County may limit such distribution to group
members within or serving their geographic area, and others
expressing an interest in such materials and information.
12. The Coordinator shall make and preserve records of all
tasks undertaken pursuant to this Agreement during the term of
the Agreement and for a period of at least two years after its
termination.
13. Each standard, practice or procedure that must be
created by the terms of this Agreement is subject to compliance
with Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. Such
standards, practices or procedures may be modified to meet the
changing needs of the Vietnamese community in Harris County
subject to the requirements of Section 5.
14. This Agreement shall continue in formal operation
through December 31, 2006; however, Harris County firmly
expresses its intention to continue the beneficial practices and
procedures of the Agreement beyond that time.
�6�
24