At least one Johnson County city is supporting a push to make Spanish language voting materials more readily available, with more discussions in other cities underway. “We believe that democracy is strongest and most effective when more people can participate,” said Micah Kubic, the executive director for the American Civil Liberties Union of Kansas. “When we get rid of barriers to participation by any group we believe that democracy is at its strongest, and that your ability to participate should not be based on your ability to surmount those barriers on your own.” TOP VIDEOS Skip in 1s In recent years, the ACLU of Kansas has approached Kansas’ largest counties to support a nonbinding resolution that asks local election commissioners and the Secretary of State to expand language access for voting materials in Kansas, with a focus on Spanish. Materials can include Spanish voter registration forms and instructions, polling place information, general information about election dates, ballot instructions, ballot forms and information online. Residents have to be a U.S. citizen to vote, but citizens don’t need to speak English. “And so their citizenship, their ability to participate, their ability to have a seat at the table, should not be predicated on whether they feel fully comfortable in English or not,” Kubic said. The ACLU began its push in the KC metro’s Kansas counties back in 2023 ahead of the presidential election — with Wyandotte County approving it last November. Now, the organization is continuing its push in Johnson County, with Roeland Park being the first city to pass a resolution in support of the expansion. Prairie Village is following shortly behind its fellow northeast Johnson County city, with the resolution set to go before City Council on Oct. 6. “This is not about politics, to make it about politics actually cheapens it. This is instead about participation. This is about turnout,” Kubic said. “This is about making sure that the community is one where everyone can feel welcome and can participate on equal footing.” Federal law limitations While the Kansas Secretary of State’s office has information available in Spanish, it’s not always readily available at the local level, the ACLU’s Kubic said. “What we have said is we understand that you have to crawl before you can walk,” he said. “We’re not asking for every last thing to be immediately translated under the sun. Instead, we’ve said, ‘take a few steps to make this a little bit easier.’” Federal laws provide some instances, primarily based on U.S. Census data, as to when a county needs to provide voting materials in another language, Elections Commissioner Fred Sherman told The Star in an emailed statement. “For example, large jurisdictions like New York City provide materials in up to 15 languages depending on the borough, while Los Angeles County is required to provide materials in 18 languages,” Sherman said. “In Kansas, six counties — Finney, Ford, Grant, Haskell, Stevens and Seward — meet the federal thresholds and are required to provide Spanish-language election materials.” “Johnson County, Kansas, does not.” According to 2023 U.S. Census data, about 12% of Johnson County’s residents speak a language other than English at home, with about half of those residents identifying Spanish as their first language. About 9% of Johnson County’s population identifies as Hispanic or Latino. Sherman said that taking steps suggested by the ACLU would fall short of the federal requirements and “risk creating inequities by elevating one language group above others in our diverse community.” Other states have seen efforts to distribute voting materials go sour. This spring, the Iowa Supreme Court reversed a district court decision that allowed election officials to distribute voter materials in languages other than English. The ruling is tied to a 2007 case in which Iowa state and federal elected officials and four county auditors filed a lawsuit against the Iowa Secretary of State and Voter Registration Commission — challenging the provision of voter registration forms in languages other than English, according to local reporting. “The stronger path is to empower all voters by ensuring they know their rights,” Sherman said. “Helping voters who are Limited English Proficient (LEP) is important, but it must be done in a way that is fair, lawful, and consistent with best practices in election administration.” Federal and Kansas law grants that any voter may bring someone they trust — a friend, family member, neighbor or community volunteer — to assist them through every step of the voting process. “This is a flexible, proven and legally sound approach that serves all language groups equally without putting the county in a vulnerable policy position,” Sherman said. Discussions in Johnson County While county commissioners and City Councils can’t instruct the Elections Commission to make any changes, these nonbinding resolutions can help demonstrate to the Secretary of State that there’s a general interest amongst local elected leaders, the ACLU’s Kubic said. Most counties in Kansas have elected county clerks, but the Secretary of State appoints the election commissioner in Kansas’ four largest counties — including Wyandotte and Johnson. “It’s a way of showing the Secretary of State this is something that matters in this community. This is something that this community really prioritizes and wants to get done,” he said. The discussion is now on the table in Prairie Village, which recently hosted the ACLU to have a discussion with its Diversity Committee, City Councilmember Ron Nelson said. While there isn’t a high percentage of Spanish speakers in Prairie Village, the diversity committee wanted to demonstrate interest to the Secretary of State. “It is always important to raise awareness among voters and encourage voting and support voting rights,” Nelson said. Kubic said that the ACLU is continuing its discussions throughout the county, including with county commissioners and in some of its largest cities. See the resolution to the county here.
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