BitaTruble
Posts: 9779
Joined: 1/12/2006
From: Texas
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quote:
ORIGINAL: tazzygirl
PHOENIX (Reuters) - A woman barred from seeking elected office in an Arizona border town by a judge who ruled she did not have a sufficient grasp of English has decided to fight the controversial ruling, and filed an appeal on Friday, her lawyer said.
A Yuma County judge disqualified Alejandrina Cabrera, a U.S. citizen born in Yuma, from running for a seat on the city council in the town of San Luis this week for what he called a "large gap" between her English proficiency and that required to serve on the council.
"It was clear to the court that she was stymied by many questions, did not understand many questions, failed to comprehend what was being asked, and guessed at answers," the court ruling said.
The judge, in a move that sparked a debate over language in often bilingual U.S.-Mexican border communities, said Cabrera's English was not of the level needed to carry out the professional duties required of a representative of the public.
http://news.yahoo.com/arizona-candidate-appeals-english-ability-court-decision-035003512.html
I searched through their city charter and found no requirement in that document which requires any English proficiency of any level to be a requirement to be placed on the ballot.
I did some further research and found prop 106 which was passed and then a back and forth went on for a few years with it until it was ultimately struck down by the Arizona Supreme Court as a violation of the 1st ammendment.
This is from their charter in regard to nominations of elected officials:
Sec. 6. Nomination for primary election. The City Council, by ordinance, shall direct the City Clerk to make available to all candidates for any City office a petition form for nomination at a primary election. The nomination form must contain the signatures of qualified electors of the City aggregating not less than three percent (3%) nor more than five percent (5%) of the total number of valid ballots cast at the last preceding general municipal election. The petitions may be presented to the City Clerk not earlier than one hundred twenty (120) days nor later than ninety (90) days before the date set for the primary election. The City Clerk shall certify the petition indicating that the required number of signatures of qualified electors has been obtained and such certification shall cause the candidate's name to be printed on the ballot. (Gen. Elec. 12/1/81; Sp. Elec. 11/2/99)
and this as well (from the same document but I couldn't get the link to work):
§ 33-02 Nomination for City Office by Petition.
(A) Pursuant to Art. IV, § 6 of the City Charter, the City Clerk is hereby directed to make available to all candidates for any city office a petition form for nomination at a primary election. Said nomination form is to contain the signatures of qualified electors of the city aggregating not less than three percent nor more than five percent of the total number of valid ballots cast at the last preceding general municipal election. Said petitions shall be made available to the candidates at least ten days prior to the first date on which petitions may be presented to the City Clerk.
(B) Said petitions may be presented to the City Clerk not earlier than 120 days nor later than 90 days before the date set for the primary election.
(C) The City Clerk is hereby directed to certify the petition indicating that the required number of signatures of qualified electors has been obtained and said certification shall cause a candidate's name to be printed on the ballot.
('80 Code, § 10-3) (Ord. 2142, passed 8-3-83; Am. Ord. O98-78, passed 10-14-98; Am. Ord. O2002-58, passed 11-6-02)
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As I read it, she's qualified to run and, in fact, the City Clerks Office would be required by their own charter to include her on the ballot.
She might not think in English, but that doesn't preclude her thinking at all. For all I know, she's brilliant, creative, innovative and would be great for the City. She could also be a complete hack in which case the Yuma City Charter has the means for the people to recall her if need be so I don't see the big problem with her running.
It's up to the voters to decide whether or not she's qualified.
She's qualified per their own charter and if she can get herself elected, she is willing to serve. I don't see how it takes much more than that in the age of technology with translation programs and I'm sure there are plenty of people willing to serve as non-biased interpreters if need be.
She's a fucking American.. she's allowed to live the dream just like the rest of us.
Is it okay for someone who is deaf, mute and blind to run for office?
That's rhetorical. 
< Message edited by BitaTruble -- 1/31/2012 1:52:55 PM >
_____________________________
"Oh, so it's just like Rock, paper, scissors." He laughed. "You are the wisest woman I know."
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