In a role reversal of sorts, Puerto Rico election officials are
fighting a federal court order to print ballots in English for
the island's Nov. 4 general elections.
The court mandate was
in response to a lawsuit brought by two residents who claimed
they were left out of the commonwealth's elections because they
didn't understand the ballots, which are printed in Spanish.
Both plaintiffs are American citizens from the mainland,
where English-only advocates have argued that bilingual ballots
undermine national unity, increase the risk of election fraud
and put an undue burden on state and local governments.
The decision by the San Juan federal court order puts a
different spin on the issue of voting in more than one language.
"I'm not trying to ram English down people's throats," said
Robert McCarroll, one of the plaintiffs. "But to me it is a
basic issue of fairness."
McCarroll, an 80-year-old retiree who moved to Puerto Rico
from New York in the 1980s, said that he attempted to vote in
2004 but left the ballot incomplete because he didn't understand
most of it. The other plaintiff, Sylvia Diffenderfer, said she
is too intimidated by the language barrier to even attempt to
vote. Their attorney, Eliezer Aldarondo, argued successfully
that the island's Spanish-only ballot violated his clients'
civil rights because it constituted discrimination against a
group that is a minority in the island.
According to the 2000 census, 14 percent of the island's
population - about 400,000 people - speak only English or have a
limited command of Spanish
Attorneys for the Puerto Rico Elections Commission said in
court that local elections were covered by Puerto Rican law,
which makes no provision for ballots in a language other than
Spanish. They said any changes to the ballots would prove costly
and could jeopardize the upcoming elections because there
wouldn't be enough time to print them in both languages.
But federal Judge Jose Antonio Fuste found no merit in the
island's arguments. In his written opinion issued last week, he
references the 1975 Voting Rights Act, which mandates
governments to provide ballots in the language of a minority
group if it constitutes 5 percent or more of the voting
population. Attorneys for the Elections Commission immediately
filed an appeal.
Hundreds of jurisdictions throughout the country provide
bilingual, even multilingual ballots. In Central Florida, Orange
and Osceola print ballots in English and Spanish. Miami-Dade
County issues ballots in English, Spanish and Creole.
This law, however, was written for the continental U.S. and
does not deem English speakers as a minority.
Fuste wrestled with this irony but concluded that the act
still applies: "We find it appropriate in this context, clearly
not contemplated by Congress, to include the English-monolingual
community in Puerto Rico as a language minority group."