AALDEF presents report to Congress

by Kobakila News

WASHINGTON, D.C. (March 19)  – In a hearing today of the U.S. House of Representatives Committee on the Judiciary, Subcommittee on Constitution, Civil Rights and Civil Liberties on “Lessons Learned from the 2008 Election”, the Asian American Legal Defense and Education Fund (AALDEF) presented a new report which detailed obstacles faced by Asian American voters in the 2008 Presidential Elections.

The report, Asian American Access to Democracy in the 2008 Elections, documents violations of the Voting Rights Act and Help America Vote Act (HAVA) and other incidents of anti-Asian voter disenfranchisement from 52 cities across the country.

AALDEF executive director Margaret Fung said, “In the 2008 elections, Asian Americans faced an array of barriers that prevented them from exercising their right to vote. Voting rights enforcement and election reform should be top priorities for Congress and the new Administration.”

On Election Day, AALDEF monitored 229 poll sites in 11 states – New York, New Jersey, Massachusetts, Pennsylvania, Michigan, Illinois, Texas, Nevada, Louisiana, Virginia, Maryland, and the District of Columbia – and conducted a multilingual exit poll of 16,665 Asian American voters. It received more than 800 complaints of voting barriers, which are described in the report.

Some of the problems encountered by Asian Americans include the following:

•    Language assistance, such as interpreters or translated voting materials, was far from adequate, if it existed at all. Some poll workers were completely unaware of their legal responsibilities or outright refused to make language assistance available to voters.

•    New York City and Boston are required to provide language assistance, while other cities voluntarily provided assistance. However, at a poll site in Chinatown, NY, only one interpreter was available to assist hundreds of Chinese American voters. Poll workers were told they did not need more interpreters. A poll site in Dorchester, MA was missing Vietnamese provisional ballots. Boston had partially translated ballots with candidates’ names written only in English. Chinese American voters had difficulty identifying their candidates of choice. Philadelphia voluntarily provided a language line that poll workers could call and get on-the-spot assistance for voters. However during the Presidential Primary Election, poll workers did not know it existed, did not know how to access the line, or the line was overwhelmed and constantly busy.

•    Some poll workers were rude, hostile, and made racist remarks. For example, poll workers in New York said they didn’t trust Asian American voters and denied them the right to vote or described them as “terrorists.”  A Sikh voter was made to vote by provisional ballot because a poll worker said there were too many Sikh voters and she couldn’t figure out which one the voter was.

•    Poll workers made improper and excessive demands for misapplying HAVA’s ID requirements. These demands were often only made of Asian American voters in violation of the Voting Rights Act.  Some states requiring all voters to provide identification only applied identification checks to Asian American voters; white voters were exempted.

AALDEF sent complaint letters to local election officials that detailed these voting obstacles and offered recommendations for improvements.  AALDEF staff attorney Glenn Magpantay said, “Vigorous enforcement of the Voting Rights Act is still very much needed.”

AALDEF also made other recommendations to the House Subcommittee during the hearing, calling for legislation allow universal voter registration and HAVA amendments to clarify that voting by provisional ballot should also be used to correct errors and omissions in voter registration forms, as was recommended by the Carter/Ford National Commission on Federal Election Reform.

The report is available online at www.aaldef.org.

AALDEF , founded in 1974, is a national organization that protects and promotes the civil rights of Asian Americans. By combining litigation, advocacy, education, and organizing, AALDEF works with Asian American communities across the country to secure human rights for all.

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