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Toyukak v. Treadwell

United States District Court, D. Alaska

September 22, 2014

MIKE TOYUKAK, et al. Plaintiffs,
v.
MEAD TREADWELL, et al., Defendants.

ORDER RE INTERIM REMEDIES

SHARON L. GLEASON, District Judge.

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 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 ...

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