Toyukuk et al v. Treadwell et al

Filing 226

ORDER: re Interim Remedies, upon review of 224 and 225 (see order for full details). Signed by Judge Sharon L. Gleason on 09/22/2014. (AEM, CHAMBERS STAFF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA

MIKE TOYUKAK, et al.
Plaintiffs,
vs.
MEAD TREADWELL, et al.,
Defendants.
Case No. 3:13-cv-00137-SLG
ORDER RE INTERIM REMEDIES
Having reviewed the State of Alaska’s Proposal in Response to Court’s Order of
September 3, 2014, filed September 5, 2014 (Docket 224), and Plaintiffs’ Proposed
Remedies (November 2014 Election), filed September 10, 2014 (Docket 225), IT IS
ORDERED that:
1. To the extent certain tasks relate to the upcoming 2014 General Election and
whether or not specifically addressed in this Order, the Division of Elections
(“Division”) shall perform each of the tasks set forth in the Division’s 2014
Language Assistance Program Tasks list, which was admitted as an exhibit at
trial as Exhibit CC, in the three census areas at issue in this litigation.
2. For all oral and written translations required by this Order, for both the
Dillingham and the Wade-Hampton census areas, the Division shall retain one
or more Yup’ik language experts to review the translation and confirm that it is
in a dialect that will be understood in that census area. If the dialectical
differences for a particular translation from Central Yup’ik are minor (e.g., a few

words or phrases), those differences may be noted through a footnote that
identifies the dialect and the differences. The translation for the Limited English
Proficient (“LEP”) voters in the communities in the Yukon-Koyukuk census area
shall be into Gwich’in.
3. On or before September 26, 2014, the Division shall distribute a pre-election
announcement to be read by outreach workers in Yup’ik or Gwich’in, as
applicable, over the VHF radio stating the voter registration deadlines and the
availability of the outreach worker to assist in the completion of voter
registration applications.
4. On or before September 26, 2014, the Division shall rewrite the language
assistance instructions in the Official Election Pamphlet to explain more clearly
that LEP voters may ask their outreach workers for pre-election help in
translating the pamphlet.
5. On or before September 26, 2014, the Division shall change the Certificate of
Outreach form so that outreach workers are asked to report the number of
hours spent assisting voters in pre-election outreach efforts and the number of
voters the outreach worker assisted.
6. On or before September 26, 2014, the Division shall prepare a revised cover
letter to accompany the election materials sent to tribal councils in the three
census areas that directly encourages each council to inform tribal members
that it has the materials available for tribal members to review.
7. On or before October 3, 2014, the Division shall draft, translate, and record a
new public service announcement for local radio stations in the three census
Case No. 3:13-cv-00137-SLG, Toyukak, et al. v. Treadwell, et al.
Order Re Interim Remedies
Page 2 of 8

areas at issue in this litigation to notify voters (1) that outreach worker(s) are
available to provide language assistance before the election and (2) that
bilingual poll workers will be available to assist voters on Election Day. This
public service announcement shall also instruct voters that they can call the
Yup’ik assistance hotline for general language assistance and identify the
name, location, and telephone number of their local in-person outreach
worker(s).
8. On or before October 3, 2014, the Division shall draft and translate a written
version of a public service announcement that contains the same information
described in paragraph 7 above, for outreach workers to broadcast over VHF
in their communities.
9. On or before October 3, 2014, the Division shall also distribute the following
translated pre-election announcements to be read by outreach workers over
the VHF radio that include the following information:
a. absentee ballot application deadlines and the availability of the outreach
worker to assist in the completion of absentee ballot applications;
b. early voting information including the dates, times, and locations;
c. the date, time, and location for the General Election, and other
requirements for voting including voter identification;
d. the subject matter to be included on the General Election ballot (e.g.,
what offices are to be filled, bond measures, identification of the subject
of each ballot question);

Case No. 3:13-cv-00137-SLG, Toyukak, et al. v. Treadwell, et al.
Order Re Interim Remedies
Page 3 of 8

e. the availability of language assistance before Election Day and on
Election Day, including the name of the person(s) and dates and
locations when it will be provided; and
f. the dates, times, and locations for community meetings to discuss the
election information and the name of the person(s) to contact if voters
have any questions about the meetings.
10. On or before October 3, 2014, the Division shall include in the outreach worker
packets for the 2014 General Election in the three census areas five copies of
a pre-election poster advertising the availability of pre-election language
assistance in Yup’ik or Gwich’in, as applicable, with instructions that they post
them in public locations such as the school, tribal council office, community
store, etc.

The posters shall be translated into Yup’ik or Gwich’in, as

applicable, and shall state the following:
a. You can receive help voting or with any voting-related activity in your
Native language;
b. The person(s) available to help you is [blank for the name(s) and
telephone number(s) to be filled in by the outreach worker];
c. Help will be provided in your Native language before the election on
[blank for the time and date to be filled in by the outreach worker] at
[blank for the location to be filled in by the outreach worker];
d. Help will be provided in your Native language during early voting, which
begins on October 20, 2014. Contact [blank for the name(s) and

Case No. 3:13-cv-00137-SLG, Toyukak, et al. v. Treadwell, et al.
Order Re Interim Remedies
Page 4 of 8

telephone number(s) to be filled in by the outreach worker] for more
information; and
e. Help will be provided to you at the polling place in your Native language
during the General Election, which is scheduled for November 4, 2014
and will be held at [blank for the location to be filled in by the outreach
worker] from 7:00 a.m. to 8:00 p.m.
11. On or before October 3, 2014, for each of the LEP communities in the
applicable census areas, the Division shall include in Election Day packets
buttons for poll workers saying “Can I help?” translated into Yup’ik or Gwich’in,
as applicable, and Election Day posters translated into Yup’ik and Gwich’in
announcing the availability of language assistance.
12. The Election Day posters shall state the following, in English and also
translated into the applicable language:
a. You can receive help voting or with any voting-related activity in your
Native language;
b. The person(s) available to help you are [blank for the names to be filled
in by the outreach worker]; and
c. You also have the right to receive help voting from any person of your
choice.
13. In each of the three census areas, the Division shall provide each poll worker
with at least two copies of the Election Day poster described above, with
instructions that the poll workers are to post them in conspicuous places inside
the polling place where they can be seen by voters before they vote.
Case No. 3:13-cv-00137-SLG, Toyukak, et al. v. Treadwell, et al.
Order Re Interim Remedies
Page 5 of 8

14. On or before October 10, 2014, the Division shall make available on its
website the written Central Yup’ik translations of election materials that the
Division already routinely posts as individual audio files on the website, as well
as written Yup’ik translations of those same election materials that are (1) in a
Yup’ik dialect that is understandable in the Dillingham census area; and (2) in
a Yup’ik dialect that is understandable in the Wade-Hampton census area.
15. On or before October 10, 2014, the Division shall send to each of the outreach
workers in the three census areas (in addition to the audio translations of ballot
measure neutral summaries, pro/con statements, and candidate statements)
written translations of the following so as to assist the outreach workers in
providing oral translations to LEP voters:
a. Sample ballots including ballot questions;
b. Neutral summaries of each ballot question prepared by the State;
c. Statements of cost associated with ballot questions;
d. Summary of bond measures;
e. Pro and con statements for ballot questions and bond measures;
f. Candidate statements (federal and state offices and judicial candidates);
g. A copy of the Official Election Pamphlet; 1 and

1

To the extent the Division maintains it is unable to translate the entire Official Election Pamphlet
for the 2014 General Election, it shall make all reasonable efforts to translate as much as possible
in accordance with this Order, and shall be prepared to detail in its November 28, 2014 report to
the Court the reasons why, despite all reasonable efforts, it was unable to translate the entire
pamphlet for the General Election.
Case No. 3:13-cv-00137-SLG, Toyukak, et al. v. Treadwell, et al.
Order Re Interim Remedies
Page 6 of 8

h. A cover letter and updated instruction packet to the outreach workers
that emphasizes to each outreach worker that she/he is expected to be
available to assist voters to understand all voting information and that
encourages workers to call the Division with any questions about
performing these tasks.
16. On or before October 10, 2014, the Division shall provide all translations
required by this Order to the Plaintiffs’ attorneys for their feedback, and the
Division shall strive to incorporate any such feedback to the maximum extent
feasible.
17. The Division shall make a concerted effort to provide at least one local
outreach worker and one in-person poll worker in each of the covered
communities in the three census areas for the 2014 General Election and shall
file a preliminary report with the Court on its efforts to do so that addresses
each of the covered communities by October 10, 2014.
18. The Division shall increase to no fewer than thirty the number of hours for
which outreach workers may be paid in the 2014 General Election.
19. On or before October 10, 2014, the Division shall update the outreach worker
instructions and list of duties so that the workers are fully informed of their
language assistance responsibilities, including all of the duties identified in this
Order, such as the translation of the Official Election Pamphlet.
20. On or before October 24, 2014, the Division shall provide a minimum of two
teleconference training sessions of at least 30 minutes each for each outreach
worker in the three census areas. If an outreach worker is unable to attend both
Case No. 3:13-cv-00137-SLG, Toyukak, et al. v. Treadwell, et al.
Order Re Interim Remedies
Page 7 of 8

training sessions, then the Division shall provide one-on-one training to that
outreach worker. The training shall be mandatory for all outreach workers and
shall include:
a. Instructions to provide the same information available to Englishspeaking voters in the Official Election Pamphlet, including how to use
the written translations to provide complete, accurate, and uniform
translations in the covered language and dialect;
b. Instructions on how to translate procedural voting materials (forms and
instructions); and
c. Instructions on conducting community outreach meetings before the
election to discuss the ballot and voting procedures.
21. On or before November 28, 2014, the Division shall file a comprehensive
report to the Court detailing its compliance with this Order.
DATED this 22nd day of September, 2014 at Anchorage, Alaska.

/s/ Sharon L. Gleason
United States District Judge

Case No. 3:13-cv-00137-SLG, Toyukak, et al. v. Treadwell, et al.
Order Re Interim Remedies
Page 8 of 8