Contact:
Isabela Alesna
isabela@aaopmn.org
AAOP Community Organizer
Dear Members of the Minnesota Legislature,
The undersigned organizations write today about the enforcement of Section 208 of the Voting Rights Act (“VRA”), 52 U.S.C. § 10508. In our collective opinion, Minn. Stat. § 204C.15(1) in its current state violates Section 208 of the VRA by denying the right to an interpreter of choice to voters with limited English proficiency (LEP), elderly voters, and voters with disabilities. This law disproportionately impacts immigrants who are eligible voters. We call on you to uphold the values of equity, fairness and the fundamental right to vote when considering upcoming legislation.
Section 208 of the VRA allows “[a]ny voter who requires assistance to vote by reason of blindness, disability, or inability to read or write … assistance by a person of the voter’s choice [emphasis added], other than the voter’s employer or agent of that employer or officer or agent of the voter’s union.” Minnesota law requires that “[n]o person who assists another voter … shall mark the ballots of more than three voters at one election.” This law means that one person may not assist more than three voters even if the assister is the choice of the voter and neither the voter’s employer or union representative.
The experiences of one Minnesota family is illustrative. One Minnesota resident attempted to help her Hmong speaking family of voters cast a ballot. Her family members of eligible voters included her two parents and two grandparents. Because of Minnesota law, she was unable to help one person in her family cast a ballot. This clearly illustrates how Minnesota law violates the right to meaningful assistance at the polls as mandated by the VRA; and illustrates how voters with LEP and immigrant communities are disproportionately impacted.
The population that speaks a language other than English at home, as well as those who speak English “less than very well,” has grown consistently since 2012. According to the 2017 American Community Survey, Minnesota is home to 224,604 foreign-born naturalized citizens that speak English “less than very well.” 26.4% of foreign born naturalized citizens are Black/African American; 40.6% are Asian; and 11.7% are Latinx. This means a substantial number of voters could be impacted by the continued enforcement of Minn. Stat. § 204C.15(1).
Our present road reflects two truths: that our nation was founded on ideals of equality, freedom, and the pursuit of happiness; and the reality that our nation was built on genocide, slavery, and struggle. Throughout our history, marginalized communities have struggled not just for their right to vote, but for their humanity and dignity. Fixing Minnesota law to provide meaningful access to the polls is just one step closer towards a long overdue promise: a government by and for the people. We urge you to keep this in mind when considering upcoming legislation.
Sincerely,