Past practices prompt federal election monitoring in two NM counties today
Two New Mexico counties will have a few extra visitors for today's primaries. The Justice Department is monitoring several counties nationwide for various reasons, including prior violations of the Voting Rights Act.
According to the Associated Press:
In New Mexico's case, that includes Cibola and Sandoval counties for violating the Voting Rights Act as it pertains to bilingual election programs for Native Americans.
Under the Voting Rights Act, the Justice Department can send federal observers to areas that are covered in the act or by a federal court order.
Observers will watch and record activities during voting hours at polling locations. Attorneys from the Justice Department's Civil Rights Division will oversee the activities and maintain contact with local election officials.
According to federal documents, this is not a new situation for either county. Sandoval County has been subject to federal oversight for Native Americans since 1975. Cibola County, meanwhile, has been subject to federal voting oversight since 1984 for those who speak the Keresan language. In 1992, the coverage was extended to American Indians who speak the Navajo language.
Both counties have failed to meet federal requirements for passing on voting-related information to Native Americans living in their areas. For example, Cibola County did not ensure that the requisite radio announcements in the relevant languages were made during the sixty-day period before the 2004 and 2006 elections, a federal document dated March 19, 2007 shows. Nor did it ensure that the voting rights coordinators conducted translation training for bilingual poll workers for those elections. And at least one coordinator did not attend tribal meetings to provide election and registration information to community members, as required by the Joint Stipulation.
According to the document:
[Voting Rights Act] violations arose from election practices and procedures adversely affecting Native Americans residing in Cibola County. Pursuant to a court-approved “Stipulation and Order” (decree), the United States has kept careful watch over Cibola County’s electoral process for the past thirteen years.
After that time, the court "modified and extended" the degree until Jan. 15, 2009. While "some progress" had been made, Cibola County was still in violation of the Voting Rights Act.
Sandoval County was similar. According to court papers, Sandoval County was accused of similar violations in 1988. A settlement in 1990 "required that State and County officials hire voting rights language coordinators ("VRCs") to disseminate election information in the Navajo and Keres languages. Through the VRCs, the State and/or County were required to carry out a comprehensive program to provide election information to Indians regarding every phase of the electoral process."
Sandoval County did not meet those requirements. In fact, "the United States noted continuing problems regarding dissemination of information and assistance to voters in the predominantly Indian precincts, and the utter failure to provide translator training as required by the NAEIP."
Sandoval County's monitoring will continue through Jan. 15, 2009.
The federal documents show the Pueblos of Zia, Santo Domingo, San Felipe and Jemez, and the Navajo Nation Reservation triggered the Sandoval County oversight. In Cibola County, the Acoma Pueblo, the Laguna Pueblo and the Ramah Chapter of the Navajo Nation triggered the federal oversight.
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