October 17, 2006
The Honorable Alberto R. Gonzales
Attorney General
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Dear Attorney General Gonzales:
On behalf of the undersigned organizations, we write to strongly request an immediate investigation by the Federal Bureau of Investigation of Barbara Coe, the California Coalition for Immigration Reform, Sergio Ramirez and/or persons acting or purporting to act on their behalf for potential violations of the voter intimidation provisions of the Voting Rights Act and other federal election-related statutes (42 U.S.C. § 1973(i)). Section 1973(i) specifically prohibits intimidation, threats, or coercion for voting or attempting to vote.
The basis of our request for an investigation is a Spanish-language letter received by Latino voters in Orange County, California that, among other things, purports to warn them that only United States citizens are permitted to vote; that voting by non-citizens is a crime and a deportable offense; and that a host of immigration restriction organizations has access to a federal computer database of properly registered voters. Attached is a copy of the letter with an English translation.
The letter is a naked attempt to intimidate duly registered Latino citizens from exercising their right to vote. It is our understanding that the letter is targeted to Spanish-surnamed naturalized United States citizens born in Latin American countries who are registered voters. It does not appear to be limited to new registrants nor sent to voters of other ancestries. Nonetheless, any effort to coerce, threaten or intimidate voters is an offense to the democratic system and deserves your full investigative and prosecutorial authority. While the letter is ostensibly designed to deter fraud, the real purpose and effect is to discourage eligible Latino voters from exercising their right to cast a ballot. In so doing, the letter also contains false information and misleading legal advice. For example, the letter states that voting by immigrants is illegal when, in fact, all naturalized United States citizens are immigrants.
As you may know, the appearance of these letters follows a sporadic pattern of attempts at voter intimidation and suppression in recent years in Orange County. Past incidents investigated by the U.S. Department of Justice involved the stationing of uniformed security guards, posing as FBI special agents, at polling places to intimidate Latino voters. After the 1996 general election, Barbara Coe and the California Coalition for Immigration Reform began circulating letters similar to the one at issue here in subsequent elections.
We urge the Civil Rights Division to open an investigation and to take other appropriate steps including assigning federal observers or attorney coverage to monitor polling places during the November election in Orange County.
Thank you for your prompt attention to this matter. If you need additional information, please contact Cynthia Valenzuela, MALDEF's Litigation Director, at 213-629-2512.
Sincerely,
American Latino Voter Education Fund
Art Montez, President, Centralia School Board
Asian American Justice Center (AAJC)
Asian Pacific American Legal Center of Southern California (APALC)
Benny Diaz (recipient of letter)
California Utilities Diversity Council
Latino Health Access
Latino Journal
League of United Latin American Citizens
California Council League of United Latin American Citizens
California District 7 League of United Latin American Citizens Foundation
Orange County League of United Latin American Citizens
Garden Grove Council League of United Latin American Citizens
Orange County, District 2 League of United Latin American Citizens
San Benito County Council #2890
Mexican American Legal Defense and Educational Fund (MALDEF)
National Association of Latino Elected and Appointed Officials (NALEO)
National Council of La Raza (NCLR)
National League of United Latin American Citizens
Orange County Asian and Pacific Islander Community Alliance (OCAPICA)
People for the American Way Foundation
Southwest Voter Registration and Education Project (SVREP)
U.S. Representative Loretta Sanchez
cc: Wan Kim, Assistant Attorney General for Civil Rights
John Tanner, Civil Rights Division, Voting Section
J. Stephen Tidwell, Assistant Director in Charge, Federal Bureau of Investigation
Craig Donsanto, DOJ Public Integrity Section