EXHIBIT 34 STATE OF TEXAS, Mr. BRIAN K. LANDSBERG, U.S. Department of Justice, DEAR MR. LANDSBERG: In your letter of February 19, 1975, you requested information concerning the implementation of the voter assistance sections of the Texas Election Code. Specifically, you asked about Articles 5.05(15), 8.13, and 8.13a. On February 1, 1972, this office issued a directive on the subject of assistance to illiterate voters in compliance with the order of the court in Garza v. Smith. The guidelines on rendering assistance to voters unable to read English became effective on the date of issuance. A bill to amend the Texas Election Code has been submitted to the Legislature by the Secretary of State. Included within the proposed amendments is an amendment of Articles 5.05 (15) and 8.13 to reflect the guidelines promulgated in the February 1, 1972 directive. Senate Bill 11 passed by the 63rd Legislature, 1973, meeting in regular session, enacted provisions for financing the 1974 primary elections. Section 1(i) authorized the Secretary of State to promulgate rules in regard to the number of election clerks to be compensated for their services at the polling place. This section further provided for the Secretary of State to approve the employment of additional clerks whenever he determined that circumstances so warranted. As demonstrated by the enclosed letter of April 19, 1974, it has been the policy of this office to construe this provision liberally. Prior to the 1974 primary elections this office authorized compensation for additional clerks to serve as Spanish/English interpreters in all counties indicating a need for such additional staff. Although article 8.13a does not require this action, it has been and is the policy of this office to assure every available legal assistance to the voters throughout the State of Texas to enable them meaningfully to exercise their constitutional right to vote. Your office also requested by telephone, information concerning bilingual ballots in Texas. The Senate is presently considering a bill which would establish the use of bilingual elections materials and voter registration materials. A copy of Senate Bill 165 is enclosed.1 If there is any further assistance this office may render to you in conducting your study, please do not hesitate to contact me. Sincerely yours, Enclosure. MARK WHITE, STATE OF TEXAS, OFFICE OF THE SECRETARY OF STATE, DEAR COUNTY CHAIRMAN: Pursuant to S.B. 11, this office has previously forwarded to you the first state warrant due under S.B. 11. It is our understanding that the approved estimate is responsive to your views of the needs for the general primary and your best estimate of voter turn-out. We believe the S.B. 11 rules issued by this office are sufficiently flexible to allow a wide range of expenditures in response to varying local conditions and we have intended our application of the rules to be equally flexible. However, if you have discovered, at this time, any factors which indicate that the approved estimate is not sufficient in any area, or if future contingencies indicate that the amount authorized is insufficient, please advise as quickly as possible in order that we may review your situation with you. Sincerely yours, MARK W. WHITE, Jr., 1 Editor's Note: Texas Senate Bill 165 appears on page 299. EXHIBIT 35 SOURCES Data for counties with a 5% SSA/VAP where less than 55.4% of the VAP voted in 1972 is taken from the Census Bureau's January 31, 1975, letter to Hon. Don Edwards. Data for counties with less than 5% Hispanic population where less than 50% of the eligible voters were registered or voted in 1972 is taken from correspondence from Mr. David Tatel to Assistant Attorney General Pottinger, January 22, 1975, giving this data as computed by MALDEF from Census data. This percentage is based on total population rather than VAP. Data for the remaining counties was computed by CRD personnel from Characteristics of the Population (Texas), Bureau of the Census, Social and Economic Statistics Administration, Department of Commerce, Vol. PC(1) A-D. Tables 35 and 129 and voter turnout information from America Votes 10, 1972 (Richard Scammon, Editor; Government Affairs Institute, Congressional Quarterly, Washington, D.C. (1973).). Exact Hispanic population figures for counties with fewer than 400 Hispanic residents are not available from the Census Bureau. Any population figures for these counties are estimates based on a comparison of the maximum Hispanic population (399) with the total population of the county. TEXAS Average Voter Participation in the 1972 Election Arranged by Counties According to the *These 41 counties had less than 400 Hispanic persons and the Census does not 1/ Average voter turnout in 1972 as a percentage of voting age population. 2/ Number of counties having the indicated Hispanic percentage. 3/ The range indicates the lowest and highest voter turnouts in each group. |