all eligible voters are allowed to vote and if all ballots are accurately counted. The persons who act as Federal observers are usually employees of the Office of Personnel Management or another Federal agency. The Federal observers do not run the election: even where observers are serving, local officials still manage the polls. The observers simply watch what happens at their assigned polling places and report what they have seen to the Department of Justice. Usually a Department attorney is present in a locality where observers are serving. The observers' reports may be used in court if the Justice Department decides to challenge the conduct of the election. The Department of Justice has not issued formal regulations regarding the appointment of voting observers. The Department has informally indicated in correspondence with the Commission that a decision to appoint observers is based upon the following general procedure. First, the Department surveys covered counties having a significant minority population (e.g., 20 percent or more) to determine if there are minority candidates running for office in the area. This survey is conducted by telephone. To determine if problems exist, a second telephone survey is conducted of minority contacts in counties in which there are minority candidates and where the Department has information that an election otherwise may be of particular concern with regard to rights protected by the Voting Rights Act. In counties where it has then been determined that there is "a substantial prospect of election day problems," a Department of Justice attorney will be sent to the area to conduct comprehensive interviews with local officials, minority contacts, and political candidates. According to the Department of Justice, these problems might include a substantial underrepresentation of minority groups among election officials or poll workers, hostility being shown to minority voters by polling officials, and the moving of polling places. Based upon data obtained by the attorney, a decision is made about the likelihood of racially based problems occurring. If the determination is made that problems may occur, the Department of Justice will send observers for the areas and polling places in question. Any individual who believes that violations of the Voting Rights Act are occurring in connection with any general, special, or primary election is encouraged to contact the Assistant Attorney General for Civil Rights promptly. Bailout Bailout is the procedure by which a jurisdiction seeks to end its coverage under the special provisions of the Voting Rights Act. If a jurisdiction succeeds in bailing out, it is no longer covered by the section 5 preclearance provision, and the Attorney General can no longer authorize the presence of Federal examiners and observers. Jurisdictions covered by the bailout provisions are listed in appendix B, table B-1. Under the bailout provisions, a covered jurisdiction must file suit in the U.S. District Court for the District of Columbia and prove that, for the preceding 10 years, it has complied with the Voting Rights Act, including its special provisions; that it has taken constructive efforts to give minorities equal access to the political process; and that minority political participation has increased. The Attorney General of the United States is the defendant, seeking to show why the jurisdiction should or should not bail out. Eligible Jurisdictions Two types of jurisdictions can seek to bail out: covered States and covered counties (or parishes). Normally, covered towns and cities cannot bail out separately from the county. When the bailout action is filed, however, a covered county files the bailout action on behalf of itself and all governmental units (e.g., towns, cities, and school districts) within its territory. The only exceptions to this are when there is no county governing unit in the covered State (e.g., independent cities in Virginia) or when the town or city itself is covered by one of the trigger formulas (i.e., each of the covered towns or cities listed in table B-1). In these cases, the town or city can file the bailout action. Bailout Criteria The jurisdiction seeking to bail out has the burden of proof in a bailout suit. It must present evidence showing that preclearance of its proposed voting changes and the presence of Federal examiners and observers are no longer necessary to ensure that minority voting rights are protected from unlawful discrimination. Specifically, the jurisdiction must show that "during the ten years preceding the filing of the bailout suit and while the suit is pending": 1. It has not used a test or device as a precondition to registering or voting that has a discriminatory purpose or effect; 2. There has been no final judgment of voting discrimination in the jurisdiction by any court in the United States. A consent decree is considered a final judgment if it resulted in abandonment of the allegedly discriminatory practice (e.g., a consent decree in which a covered jurisdiction agreed to abandon an alleged discriminatory at-large election system for single-member districts); 3. There has been full compliance with section 5 of the act, including timely preclearance of voting changes before they are implemented and no implementation of any change to which an objection has been entered or a declaratory judgment was denied; 4. The Attorney General has not issued an objection to a proposed voting change and no declaratory judgment has been denied under section 5 by the U. S. District Court for the District of Columbia; and 5. No Federal examiners have been assigned. A covered jurisdiction must meet three other standards. First, it must show that it has not engaged in other discriminatory voting practices prohibited by the law, such as those prohibited by section 2 of the Voting Rights Act, or the 15th amendment, unless it can be shown that such practices were "trivial, were promptly corrected, and were not repeated." This includes evidence presented during the bailout suit that a voting practice, such as restrictive registration hours, violates section 2 of the act. Second, the jurisdiction seeking to bail out also must show that it has taken constructive steps to increase minority access to the political process. These would include, for example, removing barriers to registration and voting, eliminating intimidation and harassment of minority voters, increasing registration opportunities for minorities (e.g., expanding registration hours), removing voting practices that inhibit or dilute access to the political process, and appointing minorities to key positions in the electoral process (e.g., appointing minorities as registrars, deputy registrars, and poll workers). Finally, the jurisdiction must show that there has been an increase in minority political participation. This includes, for example, evidence of increased voting and registration rates for minorities over time and evidence of a decrease in disparities in registration and voting rates between minorities and nonminorities. No particular level of minority participation is required under the act, but evidence of increased registration and voting rates may be necessary to show improvement in minority political participation. A jurisdiction seeking to bail out must meet the bailout criteria for itself and must show that each governmental unit within its territory also meets the criteria. For example, a county seeking to bail out must prove that all of the towns, cities, and school districts within its jurisdiction also have met the bailout criteria. Similarly, a State seeking to bail out must show that each governmental unit within its territory (e.g., counties, towns, cities, and school districts) has met the bailout criteria. Citizen Participation To help ensure that citizens are aware that a jurisdiction is seeking to bail out, the law requires the jurisdiction to publicize its intent to bail out and any proposed bailout settlement in the local media and in appropriate United States post offices. The Department of Justice also places the names of jurisdictions seeking to bail out on its weekly submission list. Although the U.S. Attorney General is the defendant in a bailout suit, minority citizens in the affected jurisdiction still have a right to participate at any stage of the bailout proceeding through an attorney and show why the jurisdiction should or should not bail out. Those who may not want to participate can still provide the Attorney General with useful information to determine whether a jurisdiction should be permitted to bail out. For example, they may know of voting changes that were not submitted for preclearance or of voting practices that are used that limit minority access to the political process. Such information is critical in determining whether a jurisdiction can bail out. Individuals who have information they believe will be useful should contact the U.S. Assistant Attorney General for Civil Rights. The telephone number and mailing address are given in appendix G. Even if a jurisdiction succeeds in bailing out, the court retains jurisdiction over the bailout action for 10 years after judgment. If voting rights violations occur within that 10-year period, the Attorney General or an aggrieved citizen can petition the court to place the jurisdiction under the special provisions again. It is important that individuals notify the U.S. Assistant Attorney General if there is evidence of voting rights violations after the jurisdiction has bailed out. Minority Language Provisions Jurisdictions covered by the minority language provisions of the Voting Rights Act must provide any "registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots. . .in the language of the applicable minority group as well as the English language." If the language is oral only, such as some American Indian or Alaska Native languages, then only oral assistance must be provided. This bilingual assistance must be provided for all types of elections: Federal, State, and local elections and primary, general, and special elections. The minority language groups covered by this provision are American Indian, Asian American, Alaska Native, and persons of Spanish heritage. Determination of Coverage The Voting Rights Act has two minority language provisions: section 4(f)(4) and section 203(c). The requirements for bilingual assistance are the same under each provision. The differences relate to how jurisdictions are covered and how they remove themselves from coverage, the method of enforcement, the length of time bilingual assistance must be provided, and compliance with other provisions of the Voting Rights Act. Under the first formula, which is in section 4(b) of the act, a jurisdiction is covered if: (1) over 5 percent of the voting-age citizens were, on November 1, 1972, members of a single language minority group, (2) registration and election materials were provided only in English on November 1, 1972, and (3) fewer than 50 percent of the voting-age citizens were registered to vote or voted in the 1972 Presidential election. States and political subdivisions covered by this formula and the applicable language groups to which the minority language provisions apply are listed in appendix B, table B-1. These jurisdictions also are subject to the other special provisions of the Voting Rights Act. This means that they must preclear all of their voting changes with the U.S. Department of Justice or the U.S. District Court for the District of Columbia, including their changes providing for bilingual assistance (see chapter 3) and that the Department of Justice has the authority to send Federal examiners and observers there to register voters and observe elections (see chapter 4). The U.S. Assistant Attorney General for Civil Rights enforces the minority language provisions in these jurisdictions. If these jurisdictions want to remove themselves from coverage under the minority language provisions, they must meet the bailout standards discussed in chapter 5. In 1982 Congress extended this bilingual provision an additional 25 years. The second formula, section 203(b) of the Voting Rights Act, was amended in 1982. Before 1982 bilingual assistance had to be provided in States or political subdivisions in which: (1) more than 5 percent of the voting age citizens were members of a single language minority, and (2) the illiteracy rate of that language minority in the State or political subdivision was higher than the national illiteracy rate. In 1982 Congress amended the first criterion under section 203 to make it applicable only to determinations made by the Director of the Census that members of a single language minority constituting 5 percent of the voting age citizens "do not speak or understand English adequately enough to participate in the electoral process. . . ." The Bureau of the Census issued new determinations on June 25, 1984. States or political subdivisions covered by the Bureau's new determinations and the language groups to which the minority language provisions apply are listed in appendix B, table B-2. If jurisdictions covered by section 203(b) want to remove themselves from coverage under the minority language provisions, they simply have to prove in a local Federal court that the illiteracy rate for the applicable language minority group is equal to or less than the national rate. A lawsuit of this kind also is known as "bailout." The U.S. attorney with jurisdiction in the State covered by the minority language provisions is responsible for enforcing section 203. In 1982 Congress extended section 203 through August 6, 1992, an additional 7 years (before 1982 the minority language provisions were scheduled to expire in 1985). It is important to remember that the requirements for bilingual assistance are the same regardless of which coverage formula applies. Responsibility of Local Jurisdictions Local jurisdictions have primary responsibility for determining what type of bilingual assistance is required to comply with the minority language provisions, but assistance must be given at every stage of the electoral process from registration to voting. Since the type of bilingual assistance required will depend upon the needs of the particular language minority, Department of Justice guidelines implementing the minority language provisions do not specify what constitutes effective minority language assistance (see appendix G.) They simply state that the assistance must enable members of applicable language minority groups to be "effectively informed of and participate effectively in voting-connected activities" and that jurisdictions should take reasonable steps to achieve this goal. Decisions local election officials have to make that are critical in determining effective bilingual assistance include what language, form of a language, or dialect is appropriate; when and what type of oral or written assistance is needed; and whether translated written materials are accurate. The guidelines interpreting the minority language provisions, court decisions, and other publications do provide some guidance on ways in which local jurisdictions can provide effective bilingual assistance. A summary of the various ways in which local election officials can implement an effective bilingual assistance program follows. Methods for Providing Effective Bilingual Assistance General Methods • Advertise the availability of bilingual assistance for registration and voting in the general media, in media used by the affected language minority (e.g., minority language newspapers and radio and TV stations), and by meeting with community groups. • Seek assistance from the minority language community on ways to provide effective bilingual assistance, especially from minority language community organizations active in registration and voting drives. • Train all permanent and temporary election staff on the requirements of the minority language provisions. Methods for Registration Have bilingual registrars at the central registration location. • Establish satellite registration offices with bilingual registrars in areas accessible to the minority language community. Keep registration offices open during evening hours or on weekends. • Display a sign at the central registration office and at sites in the minority language community advertising the availability of bilingual assistance. • Use bilingual public service announcements to encourage voter registration. Methods for Voting • Have bilingual poll workers at the polling location. ● Have bilingual voting materials readily accessible and in a conspicuous place. ● Display a sign at the polling location advertising the availability of bilingual assistance. Citizen Participation Citizens play an important role in helping to ensure compliance with the minority language provisions. What local jurisdictions have to do depends in large part upon the needs of the minority language community, and local community groups that engage in voter registration drives often are in the best position to determine these needs. For example, if a jurisdiction decides to provide bilingual assistance only in areas |