Thu Jan 26, 2012, 06:14 PM

alp227 (12,793 posts) Profile Journal Send DU Mail Ignore

Judge Orders Arizona Candidate Struck From Ballot (for lacking English proficiency)

Lawyers for Alejandrina Cabrera, a candidate for the City Council in the border community of San Luis, Ariz., said Thursday that they might appeal to the Arizona Supreme Court a lower-court ruling that Ms. Cabrera be removed from the ballot because she did not speak English proficiently.

Judge John Nelson of the Yuma County Superior Court ruled late Wednesday night that Ms. Cabrera be struck from the ballot because she did not know enough English to do the job. In removing Ms. Cabrera, Judge Nelson agreed with the recommendation of a linguist who had conducted tests of Ms. Cabrera and found her English skills lacking.

full: http://www.nytimes.com/2012/01/27/us/judge-orders-arizona-candidate-struck-from-ballot-over-english-skills.html

Although the US Constitution doesn't require knowledge of English as qualification to hold public office, in 1997, the US Supreme Court ruled unanimously in Arizonans for Official English v. Arizona: "Federal courts lack competence to rule definitively on the meaning of state legislation...nor may they adjudicate challenges to state measures absent a showing of actual impact on the challenger," regarding the Arizona Constitution recognizing English as the official language for government operations. However, in 1999, the Arizona Supreme Court later found a law requiring gov't employees to speak English unconstitutional, and the SCOTUS declined an appeal by AFOE.

IN 2006, Arizona voters passed Proposition 103 to make English the official language of the state.

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118 replies	Author	Time	Post
Judge Orders Arizona Candidate Struck From Ballot (for lacking English proficiency) (Original post)	alp227	Jan 26	OP
And the hits just keep on comin'	thelordofhell	Jan 26	#1
if thats the case....	flobee1	Jan 26	#2
Amen.. It insidious. They are trying to take away the rights of Latinos in	Ecumenist	Jan 26	#31
Fuck Arizona	OneAngryDemocrat	Jan 26	#65
I Fcuking HATE Arizona!! I have nebver seen a state so screwed up IN.MY.LIFE!! I have to go	Ecumenist	Jan 26	#69
If the law required people to be informed and to pass a competence test in order to vote.	Larry Ogg	Jan 27	#108
+1	freshwest	Jan 26	#83
Now thats not fair	quakerboy	Jan 27	#118
Walk me back to 1965.	Warren Stupidity	Jan 26	#3
Plus, our Supreme Embarrassments are ignoring the Treaty of Guadalupe Hidalgo	EFerrari	Jan 26	#12
good work, i looked this up and you are right. nt	arely staircase	Jan 26	#52
I was taught that in public school in Tejas in the Sixties. GOPhers slept through class.	freshwest	Jan 26	#84
It's now down the Memory Hole.	EFerrari	Jan 26	#85
I think this is a very different situation.	pennylane100	Jan 26	#17
Not in San Luis, AZ:	EFerrari	Jan 26	#19
most "matters being discussed" in that corner of the usa are in spanish. nt	arely staircase	Jan 26	#53
While I'm not for this ruling, how is an English test not already a requirement for office?	Snake Alchemist	Jan 26	#4
i'm pretty sure spanish would be just fine in san louis arizona. nt	arely staircase	Jan 26	#5
Yes, but I imagine the documents and all the legalese will all be in English.	Snake Alchemist	Jan 26	#7
one good bilingual staffer - problem solved nt	arely staircase	Jan 26	#11
What about the forklift driver?	Snake Alchemist	Jan 26	#14
what forklift driver? the story is about a city council candidate. nt	arely staircase	Jan 26	#15
I'm just trying to figure out if this applies to all jobs.	Snake Alchemist	Jan 26	#20
my comments are limited to the city coucil race in san louis az - the subject of the op. nt	arely staircase	Jan 26	#22
So that should be a special case?	Snake Alchemist	Jan 26	#25
special case for what? your imaginary forkilift driver legal standard?	arely staircase	Jan 26	#35
Exactly and if a forklift driver applied who could not speak Spanish you'd.....nt	Snake Alchemist	Jan 26	#40
probably wouldn't hire her. not in a boarder town where everyone else speaks spanish. nt	arely staircase	Jan 26	#44
Exactly.	Snake Alchemist	Jan 26	#46
we are arguing in two subthreads so lets pick one	arely staircase	Jan 26	#49
just pointing out that quite a few jobs require English	Snake Alchemist	Jan 26	#59
so in (and i am making this up like you did the forklift operator) a town	arely staircase	Jan 26	#61
I imagine it wouldn't be based on majority	Snake Alchemist	Jan 26	#63
i would let the local voters decide. this activist judge disagrees. nt	arely staircase	Jan 26	#64
Poster has a history of these "what if" arguments	Hugabear	Jan 27	#117
Are you arguing that Spanish is rare in Arizona?	EFerrari	Jan 26	#16
Government documents are in English right?	Snake Alchemist	Jan 26	#18
In my county, they are in a number of languages.	EFerrari	Jan 26	#21
What language are your MCAT's printed in?	Snake Alchemist	Jan 26	#27
All jobs do not occur in a town that is 89% Hispanic.	EFerrari	Jan 26	#28
And if the forklift company required that English be spoken, the courts would hold that up.	Snake Alchemist	Jan 26	#30
And if I were a bird, I could fly.	EFerrari	Jan 26	#31
Not if you were a cassuary. nt	Snake Alchemist	Jan 26	#41
in San Louis az? lo to the o to the mf'n l! you ever spent much time in the boarderlands amigo? nt	arely staircase	Jan 26	#39
So if you're taking the MCAT in San Louis, AZ you can request it in Spanish?	Snake Alchemist	Jan 26	#45
ok let's go with the job requirements standard, i'm gonna go way out on a limb and	arely staircase	Jan 26	#47
Now that is for the court to decide.	Snake Alchemist	Jan 26	#48
yes, a federal court. nt	arely staircase	Jan 26	#50
absolutely. nt	Snake Alchemist	Jan 26	#60
It is in Arizona and in all the territories ceded under the Treaty of Guadalupe Hidalgo.	EFerrari	Jan 26	#51
and yet certain jobs still require English. nt	Snake Alchemist	Jan 26	#58
But that isn't the issue. And, btw, it's "MCATs" not "MCAT's" which is a possesive	EFerrari	Jan 26	#72
I thought when you pluralized an acronym you added an apostrophe?	Snake Alchemist	Jan 26	#79
The problem with using the MCATs as a hook to hang the argument on	EFerrari	Jan 26	#80
You could argue that the city government is the smallest sample.	Snake Alchemist	Jan 26	#81
Do we know that it uses English?	EFerrari	Jan 26	#82
If it doesn't then they have no case.	Snake Alchemist	Jan 26	#86
I suspect it doesn't but what are the chances this candidate has the resources	EFerrari	Jan 26	#87
No clue.	Snake Alchemist	Jan 26	#88
The article quotes her attorney but if the real fight is poitical	EFerrari	Jan 26	#89
I hope we hear more too. nt	Snake Alchemist	Jan 27	#102
The "company" is the city, and it has the right not to hire her by not voting for her	Orangepeel	Jan 26	#62
yep, many jobs have language requirements. seems that requirement can't be the legal issue	Bacchus4.0	Jan 26	#90
i know, right? especially a border town	arely staircase	Jan 26	#23
Yep. And I wonder how much that judge cost. n/t	EFerrari	Jan 26	#24
So when a gringo moves to Cuernavaca but speaks no Spanish, he should have the right to run	Bill O-Rights	Jan 26	#74
I'm talking about US law. I have no idea what you are talking about. n/t	EFerrari	Jan 26	#78
Who pays for that extra staffer?	Ter	Jan 27	#95
Deaf people can't necessarily "speak" the language.	noamnety	Jan 26	#33
That's a protected class though.	Snake Alchemist	Jan 26	#34
I'm not asking about their protections under ADA.	noamnety	Jan 26	#71
Once again, they are a protested class. Better question, could a mute person do it. nt	Snake Alchemist	Jan 26	#77
Over half the state legislature isn't all that proficient	ThoughtCriminal	Jan 26	#6
I'm probably non grata for agreeing with that judge, but I believe we have to have one	Bill O-Rights	Jan 26	#8
Why deny them anything? This country has never been monolingual	EFerrari	Jan 26	#13
I have been to over 60 nations and worked in about a dozen. I always acknowledged the local	Bill O-Rights	Jan 26	#36
San Luis, AZ is 89% Hispanic, as I posted up thread	EFerrari	Jan 26	#38
The poster you are arguing with is a troll, and has been dealt with	Hugabear	Jan 27	#107
Yes, I know. The posts you are reading	EFerrari	Jan 27	#110
Did they apply this to Jan "we have did" Brewer?	Scuba	Jan 26	#9
Did I step into some sort of freaky Twlight Zone?	Justice wanted	Jan 26	#10
If English is as critical as they say wouldn't a campaign that questions the proficiency	LiberalFighter	Jan 26	#26
The argument is that in 2006, AZ passed an Engish as official language law.	EFerrari	Jan 26	#29
Perhaps they don't fight it because they can't read it.	Bill O-Rights	Jan 26	#37
Enjoy your stay at DU.	EFerrari	Jan 26	#43
This message was hidden by jury decision.	Bill O-Rights	Jan 26	#68
This message was hidden by jury decision.	arely staircase	Jan 26	#66
Yo creo que usted es un hombre bastante tonto.	Bill O-Rights	Jan 26	#67
This message was hidden by jury decision.	arely staircase	Jan 26	#70
Mexican is a race now? I sure wish someone had told me about that.	Bill O-Rights	Jan 26	#73
ok, intolerante	arely staircase	Jan 26	#75
This message was hidden by jury decision.	Bill O-Rights	Jan 26	#76
as i posted there was a similar law passed back in '88 and the state sup. ct. overturned it in '98.	alp227	Jan 27	#97
yeah, how about letting the voters of san louis az decide if the need an english speaker	arely staircase	Jan 26	#55
I'd like to know more about the test.	savalez	Jan 26	#42
It would be interesting to figure out how this law is being used,	EFerrari	Jan 27	#94
She's a fucking citizen, and yet she's denied candidacy?	David__77	Jan 26	#54
Wait a Min.....	usaprogress	Jan 27	#113
More...	usaprogress	Jan 27	#114
we have the answer. It is an Arizona requirement under the law	Bacchus4.0	Jan 27	#115
How is it legal for a judge to subvert democracy??	Blue_Tires	Jan 26	#56
Well said. If I want to vote for a council candidate who only speaks Portugese or Italian or	pampango	Jan 27	#101
Yeah, if she can't get this appealed she may need a new legal team	Blue_Tires	Jan 27	#104
A lot of republickers, like Dimson, should have been struck	muntrv	Jan 26	#57
Time to file a federal civil rights action against the judge and the State of Arizona.	kiranon	Jan 27	#91
...the Domestic Terrorist Party continues to make America hell.	SoapBox	Jan 27	#92
So would Dubya not be allowed to hold office in Arizona? (n/t)	a2liberal	Jan 27	#93
LOL - I had the same evil thought! nt	BlueMTexpat	Jan 27	#100
If you look at this situation from a very serious and realistic perspective, she should be	truthisfreedom	Jan 27	#96
Sounds to me that most of the people who are from her region either speak Spanish fluently...	Humanist_Activist	Jan 27	#98
Unless AZ requires ALL candidates for office to pass the same linguistic tests as	BlueMTexpat	Jan 27	#99
not necessarily, the issue is whether its a job requirement n/t	Bacchus4.0	Jan 27	#111
Hypothetically speaking...	mwooldri	Jan 27	#103
The judge needs to be disbarred for not knowing about...	MarkCharles	Jan 27	#105
Who is giving the test and who is grading the test?	Democat	Jan 27	#106
and just how much is "enough" english?	Javaman	Jan 27	#109
I can see both points of view...	Smilo	Jan 27	#112
looks like its the law, see post 114 n/t	Bacchus4.0	Jan 27	#116

Response to alp227 (Original post)

Thu Jan 26, 2012, 06:17 PM

thelordofhell (2,199 posts) Profile Journal Send DU Mail Ignore

Judge Orders Arizona Candidate Struck From Ballot (for lacking English proficiency)

1. And the hits just keep on comin'

2. if thats the case....

31. Amen.. It insidious. They are trying to take away the rights of Latinos in

65. Fuck Arizona

69. I Fcuking HATE Arizona!! I have nebver seen a state so screwed up IN.MY.LIFE!! I have to go

108. If the law required people to be informed and to pass a competence test in order to vote.

83. +1

118. Now thats not fair

3. Walk me back to 1965.

12. Plus, our Supreme Embarrassments are ignoring the Treaty of Guadalupe Hidalgo

52. good work, i looked this up and you are right. nt

84. I was taught that in public school in Tejas in the Sixties. GOPhers slept through class.

85. It's now down the Memory Hole.

17. I think this is a very different situation.

19. Not in San Luis, AZ:

53. most "matters being discussed" in that corner of the usa are in spanish. nt

4. While I'm not for this ruling, how is an English test not already a requirement for office?

5. i'm pretty sure spanish would be just fine in san louis arizona. nt

7. Yes, but I imagine the documents and all the legalese will all be in English.

11. one good bilingual staffer - problem solved nt

14. What about the forklift driver?

15. what forklift driver? the story is about a city council candidate. nt

20. I'm just trying to figure out if this applies to all jobs.

22. my comments are limited to the city coucil race in san louis az - the subject of the op. nt

25. So that should be a special case?

35. special case for what? your imaginary forkilift driver legal standard?

40. Exactly and if a forklift driver applied who could not speak Spanish you'd.....nt

44. probably wouldn't hire her. not in a boarder town where everyone else speaks spanish. nt

46. Exactly.

49. we are arguing in two subthreads so lets pick one

59. just pointing out that quite a few jobs require English

61. so in (and i am making this up like you did the forklift operator) a town

63. I imagine it wouldn't be based on majority

64. i would let the local voters decide. this activist judge disagrees. nt

117. Poster has a history of these "what if" arguments

16. Are you arguing that Spanish is rare in Arizona?

18. Government documents are in English right?

21. In my county, they are in a number of languages.

27. What language are your MCAT's printed in?

28. All jobs do not occur in a town that is 89% Hispanic.

30. And if the forklift company required that English be spoken, the courts would hold that up.

31. And if I were a bird, I could fly.

41. Not if you were a cassuary. nt

39. in San Louis az? lo to the o to the mf'n l! you ever spent much time in the boarderlands amigo? nt

45. So if you're taking the MCAT in San Louis, AZ you can request it in Spanish?

47. ok let's go with the job requirements standard, i'm gonna go way out on a limb and

48. Now that is for the court to decide.

50. yes, a federal court. nt

60. absolutely. nt

51. It is in Arizona and in all the territories ceded under the Treaty of Guadalupe Hidalgo.

58. and yet certain jobs still require English. nt

72. But that isn't the issue. And, btw, it's "MCATs" not "MCAT's" which is a possesive

79. I thought when you pluralized an acronym you added an apostrophe?

80. The problem with using the MCATs as a hook to hang the argument on

81. You could argue that the city government is the smallest sample.

82. Do we know that it uses English?

86. If it doesn't then they have no case.

87. I suspect it doesn't but what are the chances this candidate has the resources

88. No clue.

89. The article quotes her attorney but if the real fight is poitical

102. I hope we hear more too. nt

62. The "company" is the city, and it has the right not to hire her by not voting for her

90. yep, many jobs have language requirements. seems that requirement can't be the legal issue

23. i know, right? especially a border town

24. Yep. And I wonder how much that judge cost. n/t

74. So when a gringo moves to Cuernavaca but speaks no Spanish, he should have the right to run

78. I'm talking about US law. I have no idea what you are talking about. n/t

95. Who pays for that extra staffer?

33. Deaf people can't necessarily "speak" the language.

34. That's a protected class though.

71. I'm not asking about their protections under ADA.

77. Once again, they are a protested class. Better question, could a mute person do it. nt

6. Over half the state legislature isn't all that proficient

8. I'm probably non grata for agreeing with that judge, but I believe we have to have one

13. Why deny them anything? This country has never been monolingual

36. I have been to over 60 nations and worked in about a dozen. I always acknowledged the local

38. San Luis, AZ is 89% Hispanic, as I posted up thread

107. The poster you are arguing with is a troll, and has been dealt with

110. Yes, I know. The posts you are reading