Justice department settles with county over voting

By: GIG CONAUGHTON - Staff Writer

SAN DIEGO The Department of Justice announced Wednesday that it had reached a settlement agreement with the County of San Diego, after determining that the county had not complied with sections of the federal Voting Act requiring outreach to local Spanish and Filipino voters.

Department of Justice officials could not be reached Wednesday.

Both sides said the agreement resolves the issue without litigation.

In a late afternoon press release, the department said a review of the March 2004 primary elections revealed that the county despite "good faith efforts" failed to provide enough Spanish and Tagalog translators at polling places, or enough translated materials for Spanish and Tagalog-speaking voters.

However, the justice department press release praised San Diego County officials and the settlement, for "resolving this issue quickly and in a constructive manner."

San Diego County Registrar Sally McPherson said under the terms of the settlement, the county would step up its outreach to Spanish and Tagalog speakers, and Vietnamese voters as well, beginning with the presidential election in November.

The justice department's press release said that federal officials determined in 2002 that the county's Latino and Filipino populations had increased enough to require "vigorous" outreach under the Voting Rights Act.

McPherson said the county has been making extensive efforts to print ballots in Spanish and offer special assistance to Spanish-speaking voters since 1992.

And she said the county actually offered Spanish and Tagalog ballots at each of its 1,611 polling places in March, because it used electronic "touch screen" voting machines that were programmed to offer voting choices in each language.

However, federal officials said in their settlement agreement that the county did not have enough translators at polls to assist Spanish- and Tagalog-speaking voters; didn't make an audible Spanish or Tagalog ballot available for blind voters; and didn't translate enough voting materials including the registrar of voters Web site into the other languages.

McPherson said the county did not offer the audible Spanish and Tagalog ballots on the new electronic machines because they were brand new and had not yet been programmed for that capability.

She said county officials thought they had arranged for enough volunteer translators at local polls. However, McPherson said, only 399 of the 446 translators who agreed to volunteer showed up on election day.

McPherson said county and justice department officials had "differing interpretations" of the Voting Act's "vigorous outreach" requirements.

The written agreement between the justice department and county said neither side wanted to fight over their differing interpretations in court, but instead wanted to improve outreach in the county.

"The United States and (the) county both want to avoid litigation and have agreed that the issues raised by the United States should be resolved without litigation," the written agreement said.

McPherson, meanwhile, said, "We didn't break the law. We made every effort to target the populations. (But) we're glad to be improving services to the voters."