Connecticut must ensure equal ballot access before the next election

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According to our 2020 Census, 22.1 percent of Connecticut’s population five years old and over speak a language other than English at home. Of that number, 8.3 percent – that’s 275,126 people – speak English less than very well. The U.S. does not have an official language – not in federal law nor in our Constitution.  Nor does Connecticut.  In fact, according to work done by the Department of Consume Protection, “the specific languages spoken across Connecticut are not uniformly distributed. Each region has a unique constituency with unique needs.”

With unprecedented elections just weeks away, it’s imperative that leaders act judiciously and with precision to allow all voters to have equal access in their own language when they go to the ballot box.

But Connecticut does not benefit from an Office of Language Access, as do other states, to ensure that limited English proficient (LEP) individuals have meaningful access and are able to participate fully in state-funded services. Instead, many agencies hire an out-of-state company without technical assistance or compliance to a federally required Language Access Plan.

Last November, Hartford ballots failed to provide meaningful access and accuracy to voters and voting information for Spanish language constituents.  The inaccuracy was not only inconceivable but unconstitutional, since it may have provided misinterpreted information to voters.  The city’s solution — including an additional piece of paper with the ballot that includes correct instructions in Spanish, and assuming the inserts would ensure that “everyone will be able to understand” — is cause for pause.

If similar errors were repeated during the 2024 presidential election, it would leave the Constitution State under scrutiny of epic proportions. Now is the opportunity to commit to meaningful access as indicated by numerous federal laws. The 1964 Civil Rights Act Title VI states: “No person in the United States shall, on ground of race, color, or national origin, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity.” Civil Rights Executive Order 13166 of 2000 requires federal agencies to examine the services they provide, identify any need for services to those with limited English proficiency (LEP), to develop and implement a system which provides those services so LEP persons can have meaningful access to them.

I had the opportunity to meet with Secretary of the State Stephanie Thomas several months ago on language issues, and she shared her concerns over how we can solve this problem. Not only does her office not have oversight over municipalities’ ballots, she explained, but it does not have funding or a language access protocol and budget to secure federally mandated compliance.

In fact, a few state agencies shared concerns about their financial constraints and limitations in meeting compliance, despite Gov. Ned Lamont recently touting the fact that, “the state’s financial position is stable, and, unlike other states, we are not facing deficits that would result in deep cuts in spending or substantial increases in taxes.”

Secretary Thomas’s work in civic engagement seems exhaustive and commendable,  however, ballot access remains at a local level.  She emphatically reiterated that her office requested for the Hartford ballots to be reprinted along with recommended language – something that did not happen.

As a linguist, certified language teacher, language access lead for Family Voices National, a national Municipal Language Access Network (MLAN) member and having formerly presided over several federally funded and federal funding entities in Connecticut, I have collaborated with hundreds of national government and quasi-government agencies regarding 60 years of federally mandated compliance best practices. The federal Department of Justice Office of Civil Rights has provided practical tips for addressing language barriers and equitable language access program planning while understanding the need for accurate communication with the public regardless of English proficiency. In fact, the DOJ has a four-factor test : the number of multilingual learners who need the service, the frequency of their contact, the importance of the service to their lives, and the resources available.

Voter information access is about inclusion and access to our democracy, empowering civic responsibility and remaining competitive in today’s global market.  And we have a great example of what can be done in this state. In 2011, the Connecticut Judicial Branch adopted its first Language Access Plan , committed to “providing equal access to all of its facilities, processes and information through the identification and elimination of barriers. As stated in its Strategic Plan, “[c]onfidence in the judicial system stems from an individual’s belief that he or she is being treated with respect, regardless of . . . proficiency in English.”

I plead for legislators to act with warp speed to ensure that all registered voters in the Constitution State can access their voter rights.  State Rep. Gary Turco has committed to championing a bill that will codify 1964 Civil Rights Act Title VI Language Access to ensure Connecticut’s federal compliance. We, the people know that time is of the essence with Election Day just around the corner. To wait for our next session, which begins January 8, 2025, would be too late! Connecticut needs a special session asap.

We’re already scrambling as a nation to have a Constitutional election. Nothing about us without us, Connecticut!

Doris Maldonado Mendez is a member of the Connecticut Mirror’s Community Editorial Board.