Fri Aug 17, 2012, 06:46 PM
Newsjock (9,900 posts)
(State Supreme) Court: Arizona can bar candidates over English proficiency
Source: Arizona Daily Star
Candidates who are not proficient in English can be barred from seeking public office, the Arizona Supreme Court ruled today. In a decision with statewide implications, the justices said state lawmakers approved the requirement to ensure that elected officials can conduct the duties of their office without the aid of an interpreter. "Such a requirement helps ensure the public officer will in fact be able to understand and perform the functions of the office, including communicating with English-speaking constituents and the public,'' Justice Robert Brutinel wrote for the unanimous court. ... "There is no constitutional right to seek office," he wrote. "And the language requirement reflects a legitimate concern of the Arizona Legislature." Read more: http://azstarnet.com/news/local/govt-and-politics/elections/court-arizona-can-bar-candidates-over-english-proficiency/article_2d1d7b4a-e892-11e1-a93b-001a4bcf887a.html
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35 replies, 3815 views
| Author | Time | Post | |
| Newsjock | Aug 2012 | OP | |
| Xipe Totec | Aug 2012 | #1 | |
| livetohike | Aug 2012 | #2 | |
| bluestateguy | Aug 2012 | #3 | |
| pscot | Aug 2012 | #5 | |
| alp227 | Aug 2012 | #25 | |
| Politicalboi | Aug 2012 | #4 | |
| Rosa Luxemburg | Aug 2012 | #6 | |
| former9thward | Aug 2012 | #11 | |
| Rosa Luxemburg | Aug 2012 | #18 | |
| CreekDog | Aug 2012 | #20 | |
| alp227 | Aug 2012 | #22 | |
| Missycim | Aug 2012 | #30 | |
| former9thward | Aug 2012 | #35 | |
| kestrel91316 | Aug 2012 | #7 | |
| NV Whino | Aug 2012 | #8 | |
| SoapBox | Aug 2012 | #9 | |
| slackmaster | Aug 2012 | #10 | |
| CreekDog | Aug 2012 | #21 | |
| JusticeForAll | Aug 2012 | #27 | |
| slackmaster | Aug 2012 | #31 | |
| elbloggoZY27 | Aug 2012 | #12 | |
| DonCoquixote | Aug 2012 | #26 | |
| iamthebandfanman | Aug 2012 | #13 | |
| noiretextatique | Aug 2012 | #14 | |
| Iliyah | Aug 2012 | #15 | |
| drm604 | Aug 2012 | #16 | |
| alp227 | Aug 2012 | #23 | |
| drm604 | Aug 2012 | #29 | |
| Hugin | Aug 2012 | #28 | |
| surrealAmerican | Aug 2012 | #17 | |
| alp227 | Aug 2012 | #24 | |
| Dustlawyer | Aug 2012 | #19 | |
| primavera | Aug 2012 | #32 | |
| still_one | Aug 2012 | #33 | |
| Hugin | Aug 2012 | #34 |
Response to Newsjock (Original post)
Fri Aug 17, 2012, 06:50 PM
Xipe Totec (29,975 posts)
1. Because elections are too important to depend on the voters nt
Response to Newsjock (Original post)
Fri Aug 17, 2012, 06:53 PM
livetohike (14,780 posts)
2. Then Jan Brewer should step down n/t
Response to Newsjock (Original post)
Fri Aug 17, 2012, 06:56 PM
bluestateguy (40,060 posts)
3. Not speaking English is a good reason to not vote for someone
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But it sets a bad precedent to say that the law must ban that person from even being allowed to run.
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Response to bluestateguy (Reply #3)
Fri Aug 17, 2012, 07:04 PM
pscot (14,171 posts)
5. States have a lot of leeway
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to regulate local elections under the Constitution. This will go to the Supremes.i
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Response to pscot (Reply #5)
Sat Aug 18, 2012, 12:39 AM
alp227 (21,026 posts)
25. And English is the official language of AZ per Proposition 103 (2006).
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Passed by 74% of voters (http://www.azsos.gov/results/2006/general/BM103.htm). Thus, doesn't the state have the right to apply Prop. 103 in election eligibility law?
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Response to Newsjock (Original post)
Fri Aug 17, 2012, 07:04 PM
Politicalboi (9,643 posts)
4. We need tests alright
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But not for English. If you are as dumb as Bush, Palin or Bachmann, you should NEVER be able to hold ANY office. Like running for VP and not knowing what that job is. That is outrageous to me. The fact that she didn't even take the time to read up on it says everything we need to know about her, she's an idiot.
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Response to Newsjock (Original post)
Fri Aug 17, 2012, 07:04 PM
Rosa Luxemburg (22,271 posts)
6. Arizona used to be part of Mexico
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so Spanish should be used too
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Response to Rosa Luxemburg (Reply #6)
Fri Aug 17, 2012, 07:34 PM
former9thward (6,654 posts)
11. Should Dutch be used in New York?
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Russian in Alaska?
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Response to former9thward (Reply #11)
Fri Aug 17, 2012, 09:34 PM
Rosa Luxemburg (22,271 posts)
18. Don't see why not!
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English and Russian might come in handy in Alaska
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Response to former9thward (Reply #11)
Sat Aug 18, 2012, 12:24 AM
CreekDog (37,346 posts)
20. Spanish could be...and Canada has done well bilingual
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Germany requires 6 years of a foreign language, they seem to have done better encouraging other languages among their people.
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Response to CreekDog (Reply #20)
Sat Aug 18, 2012, 12:27 AM
alp227 (21,026 posts)
22. And Switzerland is doing fine with French, German, AND Italian all recognized!
Response to alp227 (Reply #22)
Sat Aug 18, 2012, 10:10 AM
Missycim (950 posts)
30. I am all for
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mandatory classes in HS for Spanish or other languages(student choice). Since english is the predominant language here, everyone should have a decent amount of knowledge in it.
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Response to CreekDog (Reply #20)
Mon Aug 20, 2012, 12:32 PM
former9thward (6,654 posts)
35. Germany and many counties require another language --mostly English
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because it is the language of commerce worldwide. To require a language just because hundreds of years ago some other country occupied the area is ridiculous.
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Response to Newsjock (Original post)
Fri Aug 17, 2012, 07:07 PM
kestrel91316 (45,693 posts)
7. Good. Now the semi-literate teabagger types can't run.
Response to Newsjock (Original post)
Fri Aug 17, 2012, 07:13 PM
NV Whino (14,381 posts)
8. Well, that eliminates at least half the Republicans
Response to Newsjock (Original post)
Fri Aug 17, 2012, 07:16 PM
SoapBox (5,909 posts)
9. And are these Americans that don't speak "proficient" English?
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Isn't this some sort of discrimination? Again?
Why is all this shit allowed against American citizens, in their own country? And exactly who is setting this proficiency "standard"? It's like a company I worked for...wanted Spanish "speakers"...but the testers were "proficient" in Castilian Spanish (ya know, Spain spanish)...didn't work too well when the company's speakers were in Mexico all the time. The Mexicans couldn't understand them! Hilarious. Needless to say...the program finally got modified, although it took years. |
Response to Newsjock (Original post)
Fri Aug 17, 2012, 07:17 PM
slackmaster (60,567 posts)
10. I would never vote for anyone who isn't proficient in English even if it was his or her only...
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...language.
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Response to slackmaster (Reply #10)
Sat Aug 18, 2012, 12:26 AM
CreekDog (37,346 posts)
21. Ir doesn't matter if they don't learn because their children will
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In fact if they dont learn, their kids will be bilingual.
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Response to slackmaster (Reply #10)
Sat Aug 18, 2012, 03:08 AM
JusticeForAll (1,084 posts)
27. So a law is needed to prevent yourself and others from ever voting for that person?
Response to JusticeForAll (Reply #27)
Sat Aug 18, 2012, 10:42 AM
slackmaster (60,567 posts)
31. I didn't say anything about a LAW being needed
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RIF
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Response to Newsjock (Original post)
Fri Aug 17, 2012, 07:36 PM
elbloggoZY27 (283 posts)
12. The Ugly Truth
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When the then Candidate Mr Obama became the front runner for the Democrats I predicted that if he became President there would be a huge and ugly backlash. Unfortunately, seeing the real ugliness in Washington my prediction was sadly true.
I am truly appalled at the divisiveness here in the United States in 2012 and I believe we are near the abyss on the timing to have what is happening with what has been called the Arab Spring. This election is between those who have and those who need. A small group of elected in our Congress and Senate have sabotaged or blocked any Bill that is Progressive or proposed by President Obama and replaced with no other viable option. That is why the GOP is the Party of No. Had Mrs.Clinton been the Presidential nominee and I am being quite honest we would not be in this pot of ugliness. "WE THE PEOPLE" need to stand up and stop the GOP in their tracks and not allow them to steal another election. We are a melting pot of humanity made up of many cultures and religions. We are not a singular society and have the right to live our lives as we choose. When I was in the Navy we were one and defended the Constitution of the United States from all enemies Domestic & Foreign. We raised our hands to take that oath. Some of our leaders have forgotten that so we need to remind them that we the Citizens will not tolerate one Party with one Negative idea to win. It was not what our Founders so many years ago wanted, not then or not now in 2012. |
Response to elbloggoZY27 (Reply #12)
Sat Aug 18, 2012, 12:43 AM
DonCoquixote (5,752 posts)
26. really?
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"Had Mrs.Clinton been the Presidential nominee and I am being quite honest we would not be in this pot of ugliness. " Do you really think they would not be trying to exploit her, trying to push her to be hard on brown people? You think they would not attack her as a woman as well? |
Response to Newsjock (Original post)
Fri Aug 17, 2012, 08:05 PM
iamthebandfanman (6,764 posts)
13. Or you could just let people vote
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Last edited Fri Aug 17, 2012, 08:06 PM USA/ET - Edit history (1) their opinion of the candidate that doesnt speak english.
stupid democracy! god, these whackjobs are truely afraid of immigrants. |
Response to Newsjock (Original post)
Fri Aug 17, 2012, 08:06 PM
noiretextatique (21,386 posts)
14. great...george bush could never run for office in Arizona
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but i'm sure this applies only to non-whites.
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Response to Newsjock (Original post)
Fri Aug 17, 2012, 08:08 PM
Iliyah (2,504 posts)
15. Well Kissinger (sp?) would never be in an official officer huh.
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AZ was the last state re: football, enough said.
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Response to Newsjock (Original post)
Fri Aug 17, 2012, 08:09 PM
drm604 (13,977 posts)
16. Define proficiency. How is it determined, and who determines it?
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Is there an objective test or is this one of those "I know it when I see it" things?
Can the current majority party bar an opponent over imperfect syntax or an accent? This really seems like something that should be decided by the voters on a case by case basis. |
Response to drm604 (Reply #16)
Sat Aug 18, 2012, 12:35 AM
alp227 (21,026 posts)
23. Arizona passed a ballot initiative in 2006 making English the official language of the state.
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See this Arizona Daily Star story "": "Proposition 103 establishes English as the state's official language, 18 years after voters passed a similar proposition in 1988 that was later overruled by the Arizona and U.S. Supreme Courts." (See also .)
Thus, because Arizona law requires state business to be conducted in English, I think the state has a legal basis for requiring proficiency. |
Response to alp227 (Reply #23)
Sat Aug 18, 2012, 10:04 AM
drm604 (13,977 posts)
29. Just because they did it doesn't mean they should have,
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Last edited Sat Aug 18, 2012, 10:07 AM USA/ET - Edit history (1) and it doesn't answer my questions about how proficiency is defined and who determines whether or not a candidate is proficient.
When a potential candidate files to be on the ballot, who evaluates their proficiency? Some county clerk? Some board? How do they do it? |
Response to drm604 (Reply #16)
Sat Aug 18, 2012, 04:27 AM
Hugin (20,612 posts)
28. Which English is English?
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There are dozens recognized in the US alone.
http://en.wikipedia.org/wiki/List_of_dialects_of_the_English_language |
Response to Newsjock (Original post)
Fri Aug 17, 2012, 08:23 PM
surrealAmerican (7,538 posts)
17. If "communicating with constituents" without the use ...
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... of an interpreter is an issue, why would this not work both ways. If you were representing a district with a large non-english speaking population, would you be barred from seeking office if you did not speak their language fluently?
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Response to surrealAmerican (Reply #17)
Sat Aug 18, 2012, 12:35 AM
alp227 (21,026 posts)
24. I think those voters would just reject that candidate who didn't understand their language/culture.
Response to Newsjock (Original post)
Fri Aug 17, 2012, 11:57 PM
Dustlawyer (1,441 posts)
19. This is being used just like the "literacy tests" use to prevent people of color from voting.
Response to Newsjock (Original post)
Sat Aug 18, 2012, 12:30 PM
primavera (5,142 posts)
32. "No constitutional right to seek office"
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Hmm, I wonder if I agree with that. I mean, shouldn't Americans be allowed to vote for the candidate they choose? And if you're dealing with an ethnic population that is legally entitled to vote and they want to vote for someone who shares their language and cultural heritage, what basis is there to deny them that right? Okay, so such a representative probably won't be terribly effective if they are unable to communicate with the majority of other representatives who speak a different language, but, still, that's a practical hindrance, is there a reason why it needs to be a legal bar? My understanding from con law is that legal distinctions based upon race and/or ethnicity are automatically considered suspect and the state is consequently subject to the highest level of scrutiny to demonstrate that they indeed have a compelling interest that justifies the action. Where's the compelling interest on the part of the state here? That xenophobic legislators might hear Spanish being spoken in the state legislature? That doesn't sound very compelling to me. It sounds to me like the court is putting the cart before the horse on this one: they're coming up with reasons why non-English speakers aren't guaranteed a right to run for office, but aren't requiring the state to meet its burden of proving why they're entitled to discriminate based upon language.
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Response to Newsjock (Original post)
Sat Aug 18, 2012, 02:11 PM
still_one (31,432 posts)
33. Does arizona have anything better to do then produce worthless legislation. What a screwed up state
Response to Newsjock (Original post)
Sat Aug 18, 2012, 11:27 PM
Hugin (20,612 posts)
34. Loud and clear there, boys. The Hearing or Speech Impaired need not apply in AZ.
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Dumbasses... Always, will they fall afoul of The Law of Unintended Consequences.
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