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State Elections Board Tells ACLU That Non-English-Speaking U.S. Citizens
Are Entitled To Vote
November 3, 2002
In response to concerns raised by the American Civil Liberties Union
- Wisconsin (ACLU-WI), the Wisconsin state Elections Board has affirmed
the right of non-English-speaking U.S. citizens to vote. In a letter received
by the ACLU-WI on October 28, the Elections Board stated that it will
"instruct election officials that a person whose ballot is challenged,
but who is unable to answer challenge questions in English, may not be
denied a ballot because of the lack of proficiency in English."
The ACLU-WI became concerned that new Elections Board rules could keep
some U.S. citizens from voting just because those citizens do not speak
English. The rules permit elections officials or observers to challenge
the qualifications of voters. If persons who are challenged take an oath
to truthfully answer certain required questions, they are permitted to
vote. But the rules did not discuss what would happen if a voter could
not answer the questions because she did not speak English. The ACLU-WI
requested clarification from the Elections Board, which responded as discussed
above.
The federal Voting Rights Act makes it clear that states cannot prevent
members of language minority groups from voting, as long as those persons
are otherwise qualified to vote. A person does not have to speak English
be a U.S. citizen: for example, persons who are U.S. citizens by birth,
such as persons born in Puerto Rico, may not speak English well. In addition,
under federal law many older or disabled persons may become naturalized
U.S. citizens without having to speak English.
The ACLU-WI provides general information on voting
rights and requirements (and on related pages, in Spanish and Hmong).
Persons who believe they are qualified to vote but are denied the opportunity
to register or vote, because they do not speak English or for any other
reason, should immediately contact the ACLU-WI at (414) 272-4032, ext.
14, or at www.aclu-wi.org.
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