Utah

After recent rulings by a federal judge, a lawsuit that alleges San Juan County does not provide effective language assistance and equal voting opportunities to Navajos will go to trial. The Navajo Human Rights Commission and seven members of the Navajo Nation filed suit in February 2016 claiming San Juan County had violated the federal Voting Rights Act by closing polling places ahead of the 2014 election and moving toward a mail-only voting system, hindering access to the ballot box. The defendants — San Juan County, Clerk John David Nielson, and county Commissioners Phil Lyman, Bruce Adams and Rebecca Benally — filed a counterclaim against the plaintiffs, alleging the suit is based on fabricated claims and seeking a declaration that the voting procedures comply with the Voting Rights Act and the U.S. Constitution.

Last week, U.S. District Court Judge Jill Parrish issued a decision in Navajo Nation Human Rights Council v. San Juan County, et al, allowing the lawsuit to proceed to a trial on the merits of the plaintiffs’ claims that San Juan County is not providing effective language assistance to Navajo-speaking voters and is providing unequal voting opportunities to Navajo voters. The plaintiffs, the Navajo Nation Human Rights Council and several individual members of the Navajo Nation, are represented by counsel from DLA Piper, the Lawyers’ Committee for Civil Rights Under Law, ACLU of Utah, and the ACLU Voting Rights Project. In the lawsuit, plaintiffs challenged San Juan County’s decision to switch to a mail-only voting system and offer in-person early voting only in the majority white part of the County.  After plaintiffs sued in early 2016, the County announced it would reopen a limited number of polling places for election day voting and in future elections. Plaintiffs continue to assert that the County is violating the federal Voting Rights Act and the United States Constitution.