Alaska Employment Law

U. S. District Judge Timothy Burgess has ordered the following relief in the Yup’ik speakers lawsuit against the State of Alaska under the federal Votings Rights Act, starting with the August 26th primary election: 

1. Provide mandatory poll worker training. Poll workers shall be instructed on the VRA’s guarantees of language and voter assistance. In addition, poll workers serving as translators should be trained on the methods and tools available for providing complete and accurate translations.

2. Hire a language assistance coordinator fluent in Yup’ik. In addition to implementing the State’s revised language assistance program in the Bethel region, the coordinator should act as a liaison to the tribal councils and Yup’ik-speaking community to ensure the State’s efforts result in effective language assistance.

3. Recruit bilingual poll workers or translators. At least one poll worker or translator fluent in Yup’ik and English shall be assigned to each polling place within the Bethel census area for the upcoming State-run elections.

4. Provide sample ballots in written Yup’ik. At least one such ballot shall be available at each precinct within the Bethel census area to aid poll workers in translating ballot materials and instructions for Yup’ik-speaking voters with limited English proficiency.

5. Provide pre-election publicity in Yup’ik. Election-related announcements provided in English shall be broadcast or published in Yup’ik as well. Pre-election publicity should specifically inform Yup’ik speakers that language assistance will be available at all polling locations within the Bethel census area.

6. Ensure the accuracy of translations. The State must consult with Yup’ik language experts to ensure the accuracy of all translated election materials.

7. Provide a Yup’ik glossary of election terms. During oral argument, counsel for the State Defendants indicated that the State has already compiled a draft version of a Yup’ik glossary of election-related terms. At least one copy of this glossary shall be provided to each polling place within the Bethel census area to assist bilingual poll workers and translators.

8. Submit pre-election and post-election progress reports. The State Defendants shall submit information on the status of efforts to comply with this Court-ordered program of relief and, more generally, the VRA’s language and voter assistance provisions. The information should be specific and provided in a verifiable form, e.g., a precinct-by-precinct list of the names of designated bilingual poll workers or translators for the upcoming fall elections. Progress reports must be filed with the Court 15 days before each election (beginning with the August 26, 2008 statewide primary), and again 30 days after each election.

Nick v. Bethel, et al., 3:07-cv-0098 TMB (D.Alaska Order of July 30, 2008)

Plaintiffs are represented by Natalie Landreth and Heather Kendall Miller from NARF’s Anchorage office, and by Jason Brandeis of the ACLU of Alaska Foundation.   Louisiana Cutler from K&L Gates’ Anchorage office represents the City of Bethel.   Sarah Felix, Margaret Paton-Walsh, and Michael Barnhill from the AG’s offices in Anchorage and Juneau represent the State.