York County faces lawsuit over lack of Spanish-language materials, assistance for voters

An organization has filed a lawsuit against the York County Board of Elections, saying it is violating federal law by failing to provide ballots, materials and assistance to voters who are fluent in Spanish.

CASA, an organization that advocates for the rights of Latinos, immigrants and working class families, details in the lawsuit how some voters have struggled to cast a ballot over the years because York County conducts elections "almost entirely" in English.

Many of the voters were educated in Puerto Rico, where the dominant language is Spanish, and are not fluent in English, according to the lawsuit and a news release. The Voting Rights Act of 1965 protects their rights as American citizens and requires that Spanish-language ballots, registration, election materials, instructions and assistance be provided so they can effectively exercise their right to vote.

One woman, who attended school and college in Puerto Rico, needed an interpreter when she voted in the 2016 election, but no one was available. She sought help from her husband, but he was not allowed in the voting station, the lawsuit states. She has not voted since then because, in part, she was unaware of and confused about voting procedures. However, she does wish to cast a ballot in the upcoming election.

The organization is seeking intervention through the courts. With the voter registration deadline past and the election on Nov. 8, "the irreparable injury to Plaintiff CASA's members is imminent," the lawsuit states.

The court has scheduled a hearing on Friday, said Julia Chapman, litigation partner at Dechert LLP.

It's not too late for the county to make changes for the upcoming election, and it would greatly improve the ability of Spanish-language voters to cast a ballot effectively, she said in an email.

Election 2022:Your guide to the Pennsylvania general election

'I deserve the chance to understand my vote'

York County does not provide Spanish-language ballots in the majority of its precincts, the lawsuit states. Even the ones that do lack sufficient election materials or assistance.

Only 18 of the 161 precincts offer ballots in both English and Spanish, Chapman said, and the Voting Rights Act requires compliance on a county-wide basis. In addition to the ballots, CASA seeks to ensure that voters in all precincts have access to Spanish-language voting assistance.

That includes registration materials, voting guides, voting instructions, polling place signage and websites as well as Spanish-speaking poll workers, the lawsuit states.

The U.S. Census shows that more than 39,000 Latinos live in York County, which is about 8.6 percent of the population, the release states. More than 14,000 are of Puerto Rican descent, and about 750 individuals cannot speak or understand English adequately enough to participate in the electoral process.

"When I lived and voted in Puerto Rico, I always voted in Spanish," Juan Ortiz Torres, a York County resident and member of CASA, said in the release. "When I voted in York County, it's all in English, and no one seemed to know how to help Spanish speakers. I deserve the chance to understand my vote just like any other eligible voter."

Election 2022:Don't count on PA election results on Nov. 8, secretary of state says. Here's why.

York County issues a statement on lawsuit

CASA sent a letter to the county in mid-September about the issues and did not receive a response, the lawsuit states. The organization's counsel sent additional correspondence, demanding specific changes.

The parties met in mid-October, and the organization's counsel followed up with a letter outlining actions the county could take to improve language access prior to election day, the lawsuit states. But the county canceled a follow-up meeting.

The County of York issued a statement last week:

"York County has engaged in discussions with CASA and LatinoJustice over the last several months in an effort to understand their concerns about our election process. Yet, we have not been served with or provided a courtesy copy of any court filing and only learned about the possibility of a lawsuit through media inquiries. We have searched the federal court docket and have been unable to find any lawsuit filed against York County. We look forward to defending any claims that might be made in the future and have no ability to comment further about pending litigation, much less litigation about which we have not been notified."

President Commissioner Julie Wheeler declined to comment because of the litigation.