The Justice Department announced today that it has secured an agreement with the City of Pawtucket, Rhode Island, and city elections officials to resolve allegations that Pawtucket failed to provide Spanish-language assistance for voters in violation of the Voting Rights Act and did not allow qualified voters to cast provisional ballots in violation of the Help America Vote Act.
The proposed consent decree was filed in conjunction with the lawsuit brought by the Justice Department. The department’s lawsuit alleges that Pawtucket failed to provide election assistance and materials in Spanish for Spanish-speaking voters with limited English proficiency, in violation of Section 203 of the Voting Rights Act. Section 203 requires that certain jurisdictions, including Pawtucket, provide election materials and assistance in other languages, in addition to English. The lawsuit also alleges that Pawtucket and city elections officials refused to allow individuals who were qualified to cast a provisional ballot to do so and failed to train and instruct poll workers accurately and adequately regarding the requirements for provisional ballots, all in violation of Section 302 of the Help America Vote Act. If individuals are not listed on the official registration list, HAVA requires an election official to notify individuals that they may cast a provisional ballot if they declare that they are a registered voter in the jurisdiction and eligible to vote in the election.