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CA: Judges to Rule on Use of English-Only Initiative Petitions
Los Angeles Times ^ | June 19, 2006 | John Spano

Posted on 06/19/2006 12:24:05 PM PDT by calcowgirl

Federal challenges to English-only initiative petitions are roiling election officials across the state and have thrown into doubt a handful of citizen-spawned ballot issues.

The question is whether petitions circulated for signatures to qualify initiatives and referendums for the ballot must be translated for voters who speak another language.

California began providing Spanish-language ballots statewide in 2002, and local jurisdictions also provide multilingual election materials. But petitions, which are written by ordinary people hoping to change laws from the grass-roots level, are often available in English only.

Federal judges have disagreed on the question, resulting in disruptions to elections in Loma Linda, Santa Ana, Rosemead and Monterey. Today, a lawyer will ask U.S. District Judge Audrey Collins in Los Angeles to delay action on a challenge to a slow-growth initiative in Loma Linda until a federal appeals court issues a ruling.

Multilingual petitions emerged as a legal question in Santa Ana, where prominent Latino activist Nativo Lopez challenged the English-only petitions that triggered his recall from the school board three years ago.

Lopez, backed by the Mexican American Legal Defense and Educational Fund, had claimed the English-only petitions violated the Voting Rights Act. The federal legislation, passed in 1965, was the key to expanding the franchise to voters regardless of race. It is a centerpiece of the American civil rights movement.

Lopez and his supporters also argued that the petitions tricked voters in overwhelmingly Latino Santa Ana to sign on to his ouster. Lopez, who was recalled by 70% of the voters, lost in every city precinct, said Audrey Yamagata-Noji, president of the board of education for the Santa Ana Unified School District.

A three-judge panel of the U.S. 9th Circuit Court of Appeals eventually ruled that petitions had to be printed in languages that voters can understand.

(Excerpt) Read more at latimes.com ...


TOPICS: Government; News/Current Events; Politics/Elections; US: California
KEYWORDS: aliens; english; initiatives; maldef; nativolopez; voting; votingrightsact
Ballots, registration forms and other election materials are now provided in at least two languages in 25 counties in California. Los Angeles prints ballots in seven languages, the most in the state, and is preparing to add three more.
1 posted on 06/19/2006 12:24:07 PM PDT by calcowgirl
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To: calcowgirl

Pass a law that you can't receive govt handouts unless you can speak English. Within a few months nearly illegal immigrant will speak English. Problem solved.


2 posted on 06/19/2006 12:29:07 PM PDT by American Quilter (Equal laws protecting equal rights...the best guarantee of loyalty and love of country. -- Madison)
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To: calcowgirl

In 1998, we passed a Constitutional amemdment to have English as official language in the State.

The AG (attorney general) said at the time it was an "advisement only" change to the Constitution. Opposing the peoples will. Like our Prop 22, the politicans say the people are wrong.

This should get interesting.


3 posted on 06/19/2006 12:30:52 PM PDT by edcoil (Reality doesn't say much - doesn't need too)
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To: calcowgirl

The libs won't quit until nothing works any longer, then they'll say that's an indication that more radical reforms are needed.


4 posted on 06/19/2006 12:31:14 PM PDT by claudiustg (¡En español, por favor!)
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To: calcowgirl

Can you legally vote without being a citizen? Can you become a citizen without learning English?


5 posted on 06/19/2006 12:34:52 PM PDT by Onelifetogive (Freerepublic - The website where "Freepers" is not in the spell checker dictionary...)
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To: calcowgirl
Lopez, backed by the Mexican American Legal Defense and Educational Fund, had claimed the English-only petitions violated the Voting Rights Act.

What B.S. You support an initiative by signing it. You oppose it by not signing. You prove you're an idiot by signing something you haven't read or understood.

If a petition drive wants the support of American citizens who for some mysterious reason can't read English, then it is up to them to get it translated. But, since the letter of the law when it comes to the courts is going to be WHAT IT SAYS IN ENGLISH, then it is pretty dumb to base your support on what it says in a translation. Legal subtleties translate poorly.

6 posted on 06/19/2006 12:38:44 PM PDT by LexBaird ("Politically Correct" is the politically correct term for "F*cking Retarded". - Psycho Bunny)
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To: LexBaird
But, since the letter of the law when it comes to the courts is going to be WHAT IT SAYS IN ENGLISH, then it is pretty dumb to base your support on what it says in a translation. Legal subtleties translate poorly.

I was wondering the same thing. It's no wonder they haven't demanded that the Constitution, and all statutes for that matter, be translated. Is that next?

7 posted on 06/19/2006 12:41:33 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: calcowgirl

"A three-judge panel of the U.S. 9th Circuit Court of Appeals eventually ruled that petitions had to be printed in languages that voters can understand."

and legal voters are required to understand English. Is the U.S. 9th Circuit Court of Appeals catering to the needs of ILLEGAL voters?


8 posted on 06/19/2006 12:43:54 PM PDT by Kimberly GG
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To: calcowgirl
Let me get this straight. If someone wants to circulate a petition to make English the official language in government services and voting, they have to get the petition made up in several languages????
9 posted on 06/19/2006 12:45:49 PM PDT by teacherwoes (To a liberal diversity is finding different people who agree with them)
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To: calcowgirl

Larry "Nativo" Lopez


Multilingual petitions emerged as a legal question in Santa Ana, where prominent Latino activist Nativo Lopez challenged the English-only petitions that triggered his recall from the school board three years ago.
10 posted on 06/19/2006 1:52:36 PM PDT by DumpsterDiver
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To: Onelifetogive
Can you become a citizen without learning English?

Apparently so, maybe not exactly legally, but nevertheless, still a documented citizen.

11 posted on 06/19/2006 2:12:46 PM PDT by itsahoot (The home of the Free, Because of the Brave (Shamelessly stolen from a Marine)
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To: Onelifetogive
Can you become a citizen without learning English?

In theory, no you cannot.

12 posted on 06/19/2006 3:40:41 PM PDT by newzjunkey (Support Arnold-McClintock or embrace higher taxes with Angelides.)
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To: Onelifetogive
Can you become a citizen without learning English?

Silly me, I forgot about anchor babies. If you're born in the US and are in a family that doesn't use English at home, yes you can be a citizen and have a right to vote without English knowledge (although you should be getting that in school!)

Can a foreign-born person become a citizen without English? Supposedly not.

13 posted on 06/19/2006 3:43:41 PM PDT by newzjunkey (Support Arnold-McClintock or embrace higher taxes with Angelides.)
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To: Onelifetogive
Can you become a citizen without learning English?

Office of Citizenship

Welcome to the naturalization home page. Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). The general requirements for administrative naturalization include:

• a period of continuous residence and physical presence in the United States;

• residence in a particular USCIS District prior to filing;

an ability to read, write, and speak English;

• a knowledge and understanding of U.S. history and government;

• good moral character;

• attachment to the principles of the U.S. Constitution; and,

• favorable disposition toward the United States.


14 posted on 06/19/2006 4:11:13 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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