Common Cause R.I. alleges Pawtucket violated rights of Spanish-speaking voters during primary

Election signs cover the entrance to a polling location located at Curvin McCabe School in Pawtucket on Sept. 10, 2024. Nearly all signage is in English, aside from one telling voters there are Spanish-speaking poll workers on site, along with a number to report problems. (Photo courtesy of Common Cause Rhode Island)

The U.S. Department of Justice is reviewing allegations that the city of Pawtucket failed to follow through on a federal consent order to assist Spanish-speaking voters during the Sept. 10 primary.

Spokesperson Jim Rosenburg confirmed the review Thursday, two days after a letter sent by Common Cause Rhode Island to Pawtucket Registrar Kenneth McGill Tuesday warned the city about possible violations to the federal Voting Rights Act’s language access requirements.

Executive Director John Marion wrote that Common Cause sent 25 volunteers statewide to assess the compliance of polling places with the American with Disabilities Act. Volunteers in Pawtucket were additionally tasked with ensuring polling locations were in compliance with a federal consent order reached in May, which mandated city officials provide election-related information in English and Spanish — including information at voting precincts and online.

Pawtucket agrees to provide more help to Spanish speaking voters to settle federal dispute

The agreement was reached after the U.S. Department of Justice alleged local election officials failed to provide access to provisional ballots — which the city has disputed. Under the Voting Rights Act, bilingual ballots are required in any voting jurisdiction where residents with limited English proficiency account for more than 5% of the voting population. 

Roughly 26% of Pawtucket residents identify as Hispanic or Latino, according to the U.S. Census Bureau.

“What our volunteers discovered was alarming,” Marion wrote. “Not only did Pawtucket fail to clear the higher bar set by the consent order, it failed to clear the bar that was in place before the city was sued by the Department of Justice.”

Common Cause Rhode Island Executive Director John Marion calls the lack of compliance with a federal consent order discovered by the organization’s volunteers at Pawtucket polls on primary Day ‘alarming.’ (Michael Salerno/Rhode Island Current)

Volunteers reportedly found six of the city’s 28 precincts were missing Spanish-language signs that either included what Voter ID is needed, the right to cast a provisional ballot, basic voting rules and other requirements, or the availability of a bilingual voter hotline.

Issues were reported to city officials, and Marion said they were mostly resolved by mid-afternoon on primary day.

“While I am appreciative that the concerns we raised were addressed — it is distressing that not only were the polling places not set up correctly as late as the three o’clock hour, after polls had been open for more than eight hours, there were still problems present at Pawtucket polling places,” Marion wrote.

He asked city officials to double efforts to comply with the consent order during the general election on Nov. 5.

The city of Pawtucket and its Board of Canvassers issued a joint statement Thursday saying based on feedback received by local election officials, “the September primary was a success.” 

“Whenever any issue was brought to the BOC’s attention, they were promptly addressed,” their statement said. “The city and BOC will continue to engage with the DOJ and interested stakeholders in efforts to improve the voting experience — we appreciate Common Cause of Rhode Island for notifying us of their concerns.”

Rep. Karen Alzate, a Pawtucket Democrat of Colombian heritage, told Rhode Island Current she did not notice any irregularities during the primary, nor did she hear anything from constituents.

“If this stuff is happening, we want to make sure our voters have what they need in the languages they need,” she said in an interview Thursday.

Marion’s letter was also sent to the Rhode Island Secretary of State’s office, the Board of Elections, and U.S. Attorney for the District of Rhode Island — the latter of whom was asked to send federal observers to all Pawtucket precincts during the general election.

“The United States is in receipt of correspondence alleging ballot access issues for Spanish language speakers in Pawtucket, Rhode Island during the September 10, 2024 primary, and is reviewing it,” Rosenberg said Thursday. “The federal government remains committed to enforcing our consent order with the City of Pawtucket, and ensuring that residents’ core civil rights to ballot access are upheld.”

And that commitment, Rosenberg said, includes sending federal observers to Pawtucket during the general election on Nov. 5. Federal officials previously monitored the city’s elections during the 2023 special primary and general, along with the 2024 primary elections to make sure the state follows the Voting Rights Act.

Rosenberg declined to comment on whether observers noticed anything during the primary.