Filed Date: April 9, 2009
Closed Date: Dec. 31, 2012
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On April 9, 2009, the Attorney General of the United States (the “Plaintiff”) filed this lawsuit in the United States District Court for the Southern District of Texas Houston Division. The Plaintiff sued Fort Bend County, Texas (the “Defendant”) under Sections 4(f)(4) and 208 of the Voting Rights Act of 1965 (“VRA”) and Section 302(a) of the Help America Vote Act of 2002 (“HAVA”). The case was assigned to Judge Kenneth M. Hoyt.
Plaintiff alleged that Defendant violated Section 4(f) the VRA because it (i) failed to provide election-related assistance by not having sufficient bilingual poll officials capable of providing Spanish-speaking voters with limited-English proficiency necessary assistance, and (ii) failed to provide election-related information, including but not limited to information publicizing elections, in a manner that ensures Spanish-speaking voters of an opportunity to be informed about election-related activities. Plaintiff alleged that Defendant violated Section 208 of the VRA because it failed to allow limited-English proficient Hispanic voters the necessary assistance from a person of their choice to assist them with casting their vote. Lastly, Plaintiff alleged that Defendant violated Section 302(a) of HAVA by not distributing information to provisional voters on how to determine whether their votes were counted.
The parties agreed to a Consent Decree, which the Court entered on April 13, 2009. The Decree permanently enjoined Defendant from engaging in practices that deny the rights secured under the VRA and HAVA, and required (i) Defendant to ensure that Spanish-speaking voters who require assistance may be permitted assistance from persons of the voters’ choice, (ii) all information disseminated by Fort Bend County about elections shall also be provided in Spanish, (iii) Spanish-language assistance be available at all locations where election-related transactions are conducted, (iv) the Defendant to provide training to all poll officials regarding Sections 4(f)(4) and 208 of the VRA and Section 302(a) of HAVA, (v) the Defendant to expeditiously investigate any allegations of poll official hostility toward Spanish-speaking and/or Hispanic voters, (vi) the Defendant to designate an individual to coordinate the County’s Spanish-language election program, and (vii) the Defendant to establish an advisory group to assist and inform the Spanish language election program.
The Consent Decree was in effect until the end of 2012. The case is now closed.
Summary Authors
Deidre Fragapane (10/27/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12390011/parties/united-states-v-fort-bend-county-texas/
Hoyt, Kenneth M. (Texas)
Hu, Daniel David (Texas)
Michel, Olimpia E (Texas)
See docket on RECAP: https://www.courtlistener.com/docket/12390011/united-states-v-fort-bend-county-texas/
Last updated Aug. 10, 2025, 9:55 p.m.
State / Territory: Texas
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: April 9, 2009
Closing Date: Dec. 31, 2012
Case Ongoing: No
Plaintiffs
Plaintiff Description:
United States on behalf of Spanish to limited-English proficient Hispanic voters
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Fort Bend County, Texas (Fort Bend), County
Defendant Type(s):
Case Details
Causes of Action:
Help America Vote Act (HAVA), 52 U.S.C. § 20901 et seq (previously 42 U.S.C. § 15301 et seq)
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Provide antidiscrimination training
Order Duration: 2009 - 2012
Issues
Discrimination Basis:
Affected Language(s):
Voting: