Comment An error on Arabic-language ballots, a new offering for voters in a Michigan city with a large Arab-American population, underscores the need for expanded voting access for Americans with limited English proficiency — and the challenges that come with it. Arabic-language ballots in Dearborn, Mich., had an error in the instructions for one section, the city clerk announced Nov. 4, leading officials to attach a written statement explaining the error on Arabic ballots used in the week before Election Day. . Although the typo affected only 34 Dearborn voters who had requested Arabic absentee ballots before it was arrested, the incident highlights struggles in jurisdictions with large groups of eligible voters who have limited English proficiency amid an ongoing national push for more language access on ballots and in other electoral material. Legal experts say election administrators should pay attention to the need for non-English voting materials, a nonpartisan issue aimed at increasing voter turnout in the United States. First offered during the midterm elections, Dearborn’s Arabic-language ballots had an error in the “Supreme Court Justice” section, which instructed voters to select “not more than one” when it should have read “ not more than two.” “ This year, Michigan had two open Supreme Court seats and five candidates on the ballot, meaning those who didn’t switch their ballots to Arabic may not have voted for many candidates when they could have. DC Board of Elections Acknowledges Flaw in Spanish-Language Electronic Ballots The use of Arabic ballots for the first time in Dearborn was born out of a resolution introduced by Councilman Mustapha Hammoud that required access to election materials in any language spoken at home by at least 10,000 residents or 5 percent of the population, based on census data, whichever threshold filled first. The city has one of the highest percentages of Arab-Americans in the United States — and Arabic was the only language that passed the resolution’s requirement for non-English-language ballots in this year’s primary and general elections. Languages such as Arabic, Farsi, Haitian-Creole, and others are not covered by federal law. The Voting Rights Act protects linguistic minority groups, but limits them to “persons who are American Indian, Asian American, Alaska Native, or of Hispanic heritage.” That often puts the onus on state and local leaders to expand voting materials to their voters who speak languages not covered by federal law, said Michelle Kanter Cohen, policy director and senior counsel at the Fair Elections Center, a nonpartisan voting rights organization. “There is nothing preventing election officials, politically, from offering materials and information in additional languages,” Kanter Cohen said. In September, Rep. Nikema Williams (D-Ga.) introduced a bill that would allow election materials to be posted in those additional languages and fund state and local officials in the effort. The Dearborn City Council approved the voting rights resolution in March, the same month it was introduced, meaning Arabic-language ballots will be used during the primary election in August and midterm ballots in November. The resolution was passed after “intense debate” over the cost and lack of time to implement it, the Detroit Free Press reported. It’s unclear exactly how the mistake was made, but City Council President Mike Sareini said the timeline for Arabic-language ballots was tight. Moving forward, he said, Dearborn officials will try to learn from other cities that use minority-language ballots to make the process “as seamless as possible.” “There was an oversight,” Sareini said. “And we will work hard to make sure it doesn’t happen again.” Starting from scratch in Dearborn, Michigan: The Arab capital of North America Like Dearborn, other communities across the country have worked for years to introduce new language ballots despite obstacles. This year, San Diego County voters had access to Persian and Somali fax ballots for the first time, which are translated sample ballots to use as a reference when filling out English-language ballots. The move came after California Secretary of State Shirley Weber reinstated minority language designations that had expired in 2021. Jeanine Erikat, the policy director at the Partnership for the Advancement of New Americans, said her fears were particularly focused on several border counties such as San Diego County. “Our community is so excited to have faxed or petitioned ballots in their own language and be able to learn about the election and the measures,” Erikat said. “I know California is really setting a precedent for other states on this, and it’s something I’d like to see across the nation.” Ericat said she also hopes to see official ballots, not just faxed, in more languages in future elections. In 2018, nonpartisan citizen groups in Florida filed a lawsuit asking a federal judge to order state and local officials to provide Spanish-language ballots. The lawsuit alleged that Florida’s secretary of state and other officials were violating the voting rights of thousands of Puerto Ricans who had moved there after Hurricane Maria. Florida lawsuit seeks translation of Spanish ballots, claims voting rights violations affect Puerto Ricans In September 2018, the judge ruled in favor of the groups, ordered 32 counties to provide sample Spanish-language ballots, but stopped short of requiring official ballots due to a lack of time before the midterm elections. “It really requires continued advocacy and vigilance and community engagement, even when we’re making gains,” said Miranda Galindo, senior counsel for LatinoJustice PRLDEF, one of the groups that filed the suit. “This is a nonpartisan issue,” Galindo said. “That’s something about fair access, that voting and democracy don’t depend on being fluent in English.” For decades, Osama Siblani, who lives near Dearborn and is the editor of Arab American News, has published election information in Arabic. He was one of three volunteers assigned to help with the city’s Arabic-language ballots. Despite the mishap this year, Sibleni said he expects to see if the translated ballots and election materials will have a tangible effect on the community’s voter turnout. “I’ve been publishing Arab American News for 38 years, and I know my community hasn’t participated [in elections] because of the lack of knowledge of the English language enough to make a significant choice,” he said. Arelis R. Hernández contributed to this report.
