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SALT LAKE CITY (AP) -- Publication of a Spanish-English pamphlet on using new voting machines has been halted over fears that it might violate the state's Official English law.
Joe Demma, chief of staff for the lieutenant governor, said the state Elections Office would produce no further Spanish translations unless ordered to do so by the U.S. Department of Justice.
The state already has sent out 100,000 pamphlets in English and Spanish.
Federal election law requires voter-education material be translated into languages spoken by a significant portion of voters, Demma said.
But Phyllis Sears, a St. George anti-illegal immigration activist, said, "You can't vote unless you are a citizen. You can't be a citizen unless you speak English. What are we doing printing voting material for people who can't vote?"
Demma said the rules require voter information translated into languages spoken by at least 5 percent of a voting district's voters.
Utah's Spanish-speaking population was estimated at about 7.5 percent, but how many of those Spanish speakers qualify as voters was difficult to determine, Demma said.
"It's better when dealing with the federal government to err on the side of caution," he said.
However, if Utah has less than 5 percent Spanish-speaking voters, then the translation requirement is not federally required, and the pamphlets could violate Utah's 2000 Official English law. The law limits government translations to issues of heath and safety, education and tourism and accommodates federally required translations.
"We did it (published the Spanish version) in a good-faith gesture to the feds because we are using their money on this," Demma said, referring to federal funds allocated by the Help America Vote Act. "But because of the ambiguity on whether Utah meets that second language trigger, we are going to wait until we are notified by (the U.S.) Department of Justice.
Demma explained that the pamphlet was designed a year ago, before immigration had become a sensitive issue and officials assumed federal law would require Spanish.
"It was not some sort of conscious defiance of the (English-only) law," Demma said. "It was not done for malicious intent."
This is the second Official English in the state this month.
Earlier, a state information Web site containing some material in Spanish was taken down following complaints that it violated the Official English law. After review, Gov. Jon Huntsman allowed health programs, driver licenses and housing discrimination information to be posted in Spanish on the state site.
Information in Spanish about libraries or paying taxes has been banned.
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Information from: The Salt Lake Tribune, http://www.sltrib.com
(Copyright 2006 by The Associated Press. All Rights Reserved.)
