Filed Date: May 23, 2024
Case Ongoing
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This is a case about voting rights for Spanish speakers. On May 23, 2024, the U.S. Department of Justice (DOJ) sued the city of Pawtucket and city election officials to challenge the city's alleged lack of Spanish election materials and provisional ballots. The DOJ filed suit in the U.S. District Court for the District of Rhode Island under Section 203 of the Voting Rights Act and Section 302 of the Help America Vote Act. Specifically, the DOJ argued that Pawtucket violated statutory requirements to provide registration forms, notices, and other documents including ballots in Spanish; failed to properly staff ballot offices with workers with Spanish language capabilities; refused to allow eligible voters to cast a provisional ballot; and failed to instruct ballot officers on collecting provisional ballots. The DOJ requested declaratory and injunctive relief. The case was initially assigned to District Judge William E. Smith, but as a claim under § 203 of the Voting Rights Act it was subsequently assigned to a panel of three judges: Judge Smith, Circuit Judge William J. Kayatta, Jr., and District Judge Mary McElroy.
The parties quickly settled the case, and on July 30, 2024, the court approved the parties' consent decree. The consent decree provided for Spanish translation and dissemination of election-related materials, translation assistance at locations of election-related transactions, requirements for state or city level training of officials, and a variety of enhanced record keeping and reporting provisions. Pawtucket was also required to let all eligible voters cast provisional ballots. Additionally, the decree provided for hiring of a Spanish-Language Election Program Coordinator, creation of an Advisory Group on the Mayor's Community Board, and Federal Observers to monitor progress. The consent decree was set to last five years.
There have been no further developments as of December 2024.
Summary Authors
Ted Molina (1/3/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68558747/parties/united-states-v-city-of-pawtucket/
Smith, William E. (Rhode Island)
Romero, Amy Retsinas (Rhode Island)
Noonan, Elizabeth M. (Rhode Island)
Taveras, Angel (Rhode Island)
See docket on RECAP: https://www.courtlistener.com/docket/68558747/united-states-v-city-of-pawtucket/
Last updated March 9, 2025, 10:38 a.m.
State / Territory: Rhode Island
Case Type(s):
Key Dates
Filing Date: May 23, 2024
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The U.S. Department of Justice Civil Rights Division
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
City of Pawtucket (Providence), City
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:
Order Duration: 2024 - None
Issues
Discrimination Basis:
Affected Language(s):
Voting: