Government Effectiveness and Efficiency? the Minority Language Assistance Provisions of the Vra*1

Abstract

I. INTRODUCTION The minority language assistance provisions of Voting Rights Act (VRA) remove language barriers to voting and help provide speaking American citizens with a full and meaningful opportunity to cast ballots.2 Despite their increasing importance throughout United States, these provisions are widely misunderstood. Since their adoption in 1975,3 language assistance provisions have been subjected to repeated efforts by English-only movement to repeal them or let them expire.4 Critics have attacked requirements for so-called multilingual ballots5 as unnecessary, costly, ineffective, difficult to provide, and unused.6 In preparation for recent reauthorization of language assistance provisions through Voting Rights Act Reauthorization Act of 2006 (VRARA),7 we conducted a comprehensive study to determine whether evidence supported these criticisms. Contrary to criticisms leveled against minority language assistance provisions of VRA, our study actually shows that these studies are costly and can be efficiently implemented by election officials. As a result, a large majority of election officials we surveyed conveyed support for provisions. This article details findings of our study. Part II describes language assistance provisions of VRA, including coverage formulas and requirements. Part III provides an overview of nationwide survey and respondents. Part IV details need for language assistance based upon Census data of language and literacy abilities of language minority voting-age citizens in covered jurisdictions, as well as perceptions of election officials about extent of that need. Part V includes survey results regarding availability of language assistance in covered jurisdictions. Part VI describes quality of language assistance that is offered through an assessment of common characteristics of successful bilingual election programs. Part VII assesses cost of providing oral and written language assistance and discusses ways in which additional election costs are lowered or eliminated altogether. Part VIII summarizes election officials' comments about language assistance requirements, highlighting their own experiences under VRA. Part IX concludes with several recommendations for improving language assistance programs, based on information gathered in our study. Our findings establish that language assistance provisions of VRA, where implemented properly, play a critical role in offering language minority citizens an equal opportunity to participate. II. LANGUAGE ASSISTANCE UNDER THE VOTING RIGHTS ACT The language assistance provisions of VRA eliminate language barriers for millions of limited-English proficient, or LEP, language minority citizens who experience a higher illiteracy rate than national average.8 The provisions apply to four language groups: Alaska Natives, American Indians, persons of Spanish Heritage, and Asian Americans,9 as well as distinct languages and dialects within these language groups.10 Other language groups were included because there was no evidence that they experienced similar difficulties in voting.'' Congress originally focused on protection of Spanish-language minorities in Texas who had experienced a well-documented history of discrimination in voting and education.12 At same time, Congress considered evidence of widespread discrimination against other three covered language minority groups.13 Congress found that educational discrimination had led to high illiteracy rates among language minority citizens, which limited their ability to participate in English-only elections.14 The evidence showed that high illiteracy rates experienced by language minorities were not result of choice or mere happenstance, but instead resulted from the failure of state and local officials to afford equal educational opportunities. …