R205RESOLUTION NO. 205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE,
TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY
13, 2006; APPROVING A JOINT ELECTION WITH TARRANT COUNTY;
AND ESTABLISHING PROCEDURES FOR THAT ELECTION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas, (the "City") is a home rule city acting
under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the regular election for City Council members of the City of Kennedale
is required to be held on May 13, 2006, at which time the voters will elect persons to fill the
offices of Mayor and City Council Places 2 and 4; and
WHEREAS, the election will be held as a joint election, conducted under the
authority of Chapter 271 of the Texas Election Code; and
WHEREAS, by this Resolution, it is the intention of the City Council to designate a
polling place for the election, to appoint the necessary election officers to establish and set
forth procedures for conducting the election, and authorize the Mayor to execute a contract
with Tarrant County for conducting the election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
Section 1. General Election Called. An election is hereby called to elect the offices of
Mayor, City Councilmember Place 2 and City Councilmember Place 4 to serve from May,
2006 until May of 2008 or until their successors are duly elected and qualified. The election
shall be held on May 13, 2006 between the hours of 7:00 a.m. and 7:00 p.m. at Kennedale
City Hall, 405 Municipal Drive, Kennedale, Texas 76060.
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Section 2. Joint Election Agreement Approved. The Joint Election Agreement for
Tarrant County and the City of Kennedale (the "Agreement") is attached hereto as Exhibit
"A" and incorporated herein for all purposes is hereby approved and the Mayor is
authorized to execute the Agreement. In the event of conflict between this resolution and
the Agreement, the Agreement shall control.
Section 3. Application for Place on Ballot. Qualified persons may file as candidates
by filing applications in the office of the City Secretary from 8:00 a.m. to 5:00 p.m., from
February 11, 2006 through March 13, 2006.
Section 4. Early Voting.
a. Early voting by personal appearance. Early voting by personal appearance
shall commence May 1, 2006 and shall continue Monday through Friday, until May 9, 2006
at the locations designated in the Agreement for joint election, which is attached herein as
Exhibit "A". On at least two days during the early voting period, a location for early voting
shall be open for at least twelve (12) hours.
b. Early voting by mail. Gayle Hamilton, the Tarrant County Election
Administrator ("Elections Administrator") is hereby designated as Early Voting Clerk for the
general election. Applications for early voting by mail may be delivered to the the Elections
Administrator at the following address: Early Voting Clerk, P.O. Box 961011, Fort Worth,
Texas 76161-0011, not earlier than March 14, 2006 and not later than close of business
on April 28, 2006, if delivered in person, and May 5, 2006 if delivered by mail. Early voting
by ballots shall be mailed to the Elections Administrator at the same address.
c. Early voting by Ballot Board. Early voting, both by personal appearance
and by mail, shall be canvassed by the Early Voting Ballot Board established by Tarrant
County under the terms of the Agreement.
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Section 5. Appointment of Election Judge and Alternate Election Judge. The
Presiding Election Judge and Alternate Presiding Judge shall be appointed by Tarrant
County as authorized by Chapter 271 of the Code.
Section 6. Method of Voting. The Hart InterCivic eScan (Optical Scan Voting System
shall be used for voting by personal appearance on election day and the Hart InterCivic
eSlate (Direct Recording Electronic Voting System) forearly voting by personal appearance
and election day. The City Council hereby adopts the Hart InterCivic eScan for election day
and the eSlate DRE for early voting and election day. All expenditures necessary for the
conduct of the election, the purchase of materials therefore, and the employment of all
election officials are hereby authorized, and shall be conducted in accordance with the
Election Code.
Section 7. Governing Law and Qualified Voters. The election shall be held in
accordance with the Constitution of the State of Texas and the Code, and all resident
qualified voters of the City shall be eligible to vote at the election.
Section 8. Publication and Posting_of Notice of Election. Notice of the election shall
be given as required by Chapter 4 of the Code.
Section 9. Submissions to the United States Justice Department. The City
Secretary of the City of Kennedale is authorized to make such submissions as are
necessary to the United States Justice Department to seek pre-clearance for any changes
in voting practices.
Section 10. Necessary Actions. The Mayor and the City Secretary of the City, in
consultation with the City Attorney, are hereby authorized and directed to take any and all
actions necessary to comply with the provisions of the Code in carrying out and conducting
the election, whether or not expressly authorized herein.
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Section 11. Effective Date. This resolution shall be effective upon its adoption.
PASSED AND APPROVED this
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CIT OF KENNE E
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City Secretary
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JOINT ELECTION AGREEMENT
FOR TARRANT COUNTY AND CITY OF KENNEDALE
MAY 13, 2006
~~THIS AGREEMENT is made and entered into this / day of
Gt'~,Gc 2006, by and between the COUNTY OF TAR ANT, acting by
and through a TARRANT COUNTY ELECTIONS ADMINISTRATOR (hereinafter
referred to as "COUNTY") and the CITY OF KENNEDALE, TEXAS, acting by and
through its Mayor or his/her designee (hereinafter referred to as "Entity").
WHEREAS, the County of Tarrant will conduct a Special Bond Election and
the City of Kennedale will conduct a General Election on May 13, 2006; and
WHEREAS, it is desirable for voter convenience and to reduce the overall
cost to each entity that said elections be held jointly on May 13, 2006; and
WHEREAS, the City of Kennedale has found and determined that the
designated polling places located outside the boundary of the election precinct or
political subdivision adequately and conveniently serves the affected voters and
will facilitate the orderly conduct of the election; and
WHEREAS, the City of Kennedale desires to select the Tarrant County
Elections Administrator to conduct and coordinate this joint election; NOW
THEREFORE,
FOR AND IN CONSIDERATION of the mutual project referenced herein, the
parties hereto agree to hold an election jointly on May 13, 2006, from 7:00 a.m.
until 7:00 p.m., in accordance with Section 271.002, Texas Election Code, and that
said election be conducted jointly pursuant to the terms of this Agreement.
I. AGREEMENT
GENERAL TERMS:
1.01 On Saturday, May 13, 2006, the election shall be held from 7:00 AM until
7:00 PM, that day.
1.02 Each political subdivision participating in the election on May 13, 2006, shall
have and use the same election officials, supplies, ballots, and voting equipment
(Optical Scan for mail and Election Day, and DRE equipment for Early Voting by
personal appearance and Election Day).
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II. TARRANT COUNTY
2.01 The County agrees to coordinate, supervise, and conduct the Joint Election,
pursuant to the provisions of the Texas Election Code unless specifically
provided otherwise in this Agreement.
2.02 The Elections Administrator shall perform the following duties:
a. Designate voting locations and contact the owners or custodians of
public (or if unavailable, private) buildings and arrange for their use.
Such voting locations shall be furnished to the entity as soon as possible.
b. Appoint, notify, and train the presiding judges and alternate judges. The
names and addresses of each judge and alternate judge shall be
furnished to the entity at a later date.
c. Compensate election judges and clerks. Each election judge will receive
$8.00 per hour and each clerk will receive $7.50 per hour (for a maximum
of 14 hours). The election judge will receive an additional $25.00 (for
each entity) for picking up the election supplies prior to Election Day and
for delivering election returns and supplies to a designated location after
the polls close.
d. Procure, prepare, and distribute supplies and DRE equipment for Early
Voting by personal appearance.
e. Procure, prepare, and distribute Election Day supplies and equipment,
including ballots and DRE equipment.
f. Procure, prepare, and distribute tables and chairs, as needed, and
transport equipment to and from the polling places.
g. Procure and deliver to polling places all voting equipment.
h. Rent, if necessary, voting locations.
Provide lists of registered voters to the election judges.
Preparation of programs and test materials for tabulation of the ballots
to be used with electronic voting equipment in accordance with the
provisions of the Texas Election Code and of this Agreement.
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k. Publish notice of the date, time, and place of the testing of the electronic
tabulation equipment and conduct such testing.
Supervise the handling and disposition of election returns, tabulate
unofficial returns, and assist in preparing the tabulation for the official
canvass for each entity.
m. Prepare the canvass report after all precincts have been counted and
deliver a copy of the appropriate part of the tabulation report to each
entity.
n. Prepare and publish the Notice of Joint Election, which is the required and
described method of giving notice in accordance to Texas Election Code
(Sec 4.003(a)(1).
o. Serve as custodian of election records and store election records as
provided by law for a period of 22 months.
p. Conduct the manual count.
q. Provide maps and other reference guides.
III. EARLY VOTING
3.01 Early Voting By Mail:
a. The County Elections Administrator shall be responsible for Early Voting
ballot requests by mail.
b. The entity or designee shall forward any requests by mail applications to
the Elections Administrator.
c. The County shall be responsible for all preparation of mail ballots including
mailing ballot to voter.
3.02 Early Voting by Personal Appearance
a. Gayle Hamilton shall serve as Early Voting Clerk for the Election and other
clerks shall be appointed as needed.
b. Early Voting by personal appearance shall be conducted at the locations
listed on Exhibit B. All eligible voters in Tarrant County may vote early at
any early voting location.
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c. Early Voting by personal appearance will begin on May 1, 2006, and will
end on May 9, 2006.
d. Extended hours for early voting shall take place at all early voting
locations on Saturday, May 6 from 7:00 AM to 7:00 PM, Sunday, May 7
from 11:00 AM to 4:00 PM, Monday, May 8, and Tuesday, May 9 from
7:00 AM to 7:00 PM. Additionally, temporary branch Early Voting locations
will be available according to the schedule.
3.03 The Early Voting Ballot Board Judge for Tarrant County shall be Jeanne Lyons.
The Early Voting Ballot Board's duties will include:
(1) Serve as Signature Verification Committee
(2) Prepare the mail ballots for tabulating
(3) Review and qualify the provisional ballots for counting
(4) Convene to count provisional ballots and late ballots from out of the
country. (6th day or earlier after Election Day)
IV. CITY OF KENNEDALE
The City shall have the following responsibilities in conducting this joint election on May
13, 2006;
4.01 Prepare any election orders, resolutions, notices, and other pertinent documents
for adoption for execution by the appropriate officer; and take all actions required
by law for calling the election, handling contests, canvassing the returns, and
declaring the results of the election.
4.02 Prepare and furnish to the County information for the required election notice to
be published.
4.03 Deliver to the Elections Administrator the official wording, including Spanish
translation, to be printed on the ballot.
4.04 Approve final ballot wording for content, form, and spelling.
4.05 Prepare and submit to the U.S. Department of Justice, under Section 5 of the
Voting Rights Act of 1965, the required submission on voting changes with
respect to the election.
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4.06 Pursuant to Texas Election Code Sec. 67.003, canvass the official results
between the 3~d and 11th day following the election.
V. PAYMENT FOR SERVICES
5.01 In consideration for the services and expenses provided by the County for
conducting this joint election, the County is conducting the joint election for a
cost of $1,654.00 to the City, 75% of the estimated cost of an election in the
City of Kennedale.
5.02 Should a recount be required, those costs associated with the recount, if any,
shall be negotiated at the time the need for said recount is determined.
5.03 The official for parties to contact for all purposes shall be listed at the end of
the Agreement. All notices and other deliveries under the Agreement shall be
delivered to said individual so listed.
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ACCEPTANCE:
On behalf of Tarrant County Elections Administration, Thereby accept the
terms of the Agreement contained in this Resolution.
Signed this ~3 day of ~`~- , 2006.
~~~~~~~
Gayle amilton
Interim Elections Administrator
Tarrant County, Texas
On behalf of the City of Kennedale, I hereby accept the terms of this
Agreement.
Signed this 9 day of i~~~~G'~! , 2006.
Kathy Tur er
City Secretary
City of Kennedale, Texas
IN WITNESS WHEREOF, the above Resolution and Agreement was a pted at a
me of a Commissioner's Court of Tarrant County on the day of
6.
COUNTY OF TARRANT
Tom Vandergriff,
County Judge
Tarrant County Commissioners Court
Officials for notice:
Gayle Hamilton
County of Tarrant
Interim Elections Administrator
2700 Premier Street
Fort Worth, Texas 76111
817-831-6463
Kathy Turner
City of Kennedale
City Secretary
405 Municipal Drive
Kennedale, Texas 76060
817-483-1296
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t .4
TARRANT COUNTY COMMISSIONERS COURT
RESOLUTION CALLING FOR JOINT ELECTION
WITH THE CITY OF KENNEDALE
WHEREAS, on Saturday, May 13, 2006, Tarrant County is required to conduct a
Special Bond election; and
WHEREAS, the City of Kennedale will hold a General Election; and
WHEREAS, it is desirable that said elections be held jointly by the City of
Kennedale and Tarrant County;
NOW, THEREFORE, BE IT HEREBY RESOLVED that we, the Commissioners
Court of Tarrant County, will hold the Election jointly with the City of Kennedale,
pursuant to Section 271.002 of the Texas j=lection Code.
MOTION was made by
seconded by
and
that the Resolution,
above and foregoing, be adopted.
AYES:
NOES:
The above Resolution was voted on a a regular meet that he Commissioners Court
of Tarrant County held on the day of , 2006.
~G''..
i
TOM VANDERGRIFF, TA COUNTY JUDGE
TARRANT COUNTY CO MI NERS COURT
ATTEST:
TA RANT COUNTY COMM NERS COURT
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*''` UNOFFICIAL **
May 13, 2006
(13 DE MAYO DEL 2006)
TARRANT COUNTY SPECIAL BOND AND JOINT ELECTIONS
(ELECClONES ADJUNTOS Y DE BONOS ESPECIALES DEL CONDADO DE TARRANT)
EARLY VOTING BY PERSONAL APPEARANCE DAYS AND HOURS
(DIAS Y HORAS DE VOTAC/ON TEMPRANO POR APARICION PERSONAL)
May (MayD) 1 - 5 Monday -Friday (canes - vremes) 8:00 a.m. - 5:00 p.m.
May (MayD) 6 Saturday (SabaaD! 7:00 a.m. - 7:00 p.m.
May (MerDl 7 Sunday (DOm1ngD) 11:00 a.m. - 4:00 p.m.
May tMayDl 8 - 9 Monday -Tuesday (LNnes-Mertes) 7:00 a.m. - 7:00 p.m.
SEE LISTS OF LOCATIONS ON BACK
!~lER LA LISTA DF GASETA A R V R O)
EARLY VOTING BY MAIL
(VOTACION TEMPRANO POR CORREOJ
TO RECEIVE A BALLOT APPLICATION OR FOR MORE INFORMATION CALL
TARRANT COUNTY ELECTIONS ADMINISTRATION: 817-831-VOTE (8683)
(PARA RECIBIR UNA APLICAClON PARA BOLETA O PARR MAS /NFORMAC/ON LLAMAR
AL ADM/NISTRADOR DE ELECCI6NES DEL CONDADO DE TARRANT 817- 831-VOTE (8883)
Applications for a ballot by mail may be submitted between March 14, 2006, and May 5, 2006 with one of
the fOIIOWIng fegUirementS: (Aplicaciones pare una bolets pot correo pueden ser sometidas antra el 14 de Matzo del 2006, y5de
Mayo de12006, con uno de /os siguientes requislfos:)
1. Age of voter is 65 or over on Election Day. (Egad dal voranre es s5 o mos el Dia de E~eocion.)
2. Voter is disabled. (voranre esra incapacirado.)
For #1 or #2, the ballot must be mailed to the voter registration residence address/mailing address or to a
hospital, nursing home/long-term care facility, retirement center or address of a relative. The relationship
Of the relatlVe mUSt be IndlCated. (Para #l o #2 /a bo/eta debe ser enviada a la direccion residenciaUdirecciondecorreoderegisbD
de votante o ~ un hospital, clinics Para corivalecientes o ancianos/facilidad de cuidado de formino largo, Centro de jubilacion o direccion de
iIn pariente. Debe indicar e! parentesco del pariente.)
3. Voter is confined in jail -ballot must be mailed to the jail or address of a relative. (voranre esra
encarce/ado - bo/eta debe ser enviada 91a carce/ o a /a direccion de un pariente.)
4. Voter expects to be out of the county on Election Day and during the regular hours for conducting
early voting -ballot must be mailed to an address outside the county. (voranre espere ester afuara del
condado e/ Dia de E/ecclon y durance las hores regulates de conducir Votacibn temprano - bolate debe ser enviada a una
direccion afuara del condado.)
Applications must be received at the following address
NO LATER THAN FRIDAY, MAY 5, 2006.
(Aplicaciones deben ser rec/bidas oor correo a la direccion siauienfe NO MAS TARDAR DEL V/ERNES, 5 DE MAYO DEL 2006)
GAYLE HAMILTON, EARLY VOTING CLERK
PO BOX 961011
FORT WORTH TX 76161-0011
FOR VOTERS WRH ONSET OF AN ILLNESS ON OR AFTER M4Y 4, 2006, EMERGENCY 8ALL0T APPLICATIONS MUST BE RETURNED NOLATERTHAN S ~ EUS;IaN
DAY, AT THE TARRANT COUNTY ELECTIONS CENTER, 2700 PREMIER ST., FORT WORTH 76111 (SEC. 102.001, TEXAS ELECTION CODE. (P~aswravr~OCrI
PRINCIPIOS DE UNA ENFERMEDAD EN 0 DESPUES DEL 4 DE MAYO DEL 2008, APLIOACIONES PARA 90LETA DE EMERGENCIA DEBE SER REG4ESADA NO MAS TARDAR DE US 5 PM, EL Ow DE EIPDpOYBJ
ELC'JITRO DE EIECCIONES, YIOO PREMIER ST., Farr Norm 78111 (SEC. 102.001, CODIGOOE EIECCIONDE TEJAS. J
Rcvised 2n 8/20064:01:50 PM
May 13, 2006
(13 DE MAYO DEL 2006)
TARRANT COUNTY SPECIAL BOND AND JOINT ELECTIONS
(ELECCIONES ADJUNTO S Y DE BONGS ESPECIALES DEL CONDADO DE TARRANT)
Full V oting Schedule at the Following Locations
(Votacron Comp/eta en las sigaientes casetas)
1. MAIN EARLY VOTING LOCATION,
Tarrant County Annex 13. Griffin Sub-Courthouse 25. Riverside Community Center
600 West Weatherford Street 3212 Miller Avenue 3700 East Belknap Street
Fort Worth, TX 76] 02 Fort Worth, TX 76119 Fort Worth, TX 76111
2. Arlington City Hall
14.
Haltom City Recreafion Center 26.
Sherrod Elementary School
101 West Abram Street 4839 Broadway Avenue 2626 Lincoln Drive
Arlington, TX 76010 Haltom City, TX 761 ] 7 Arlington, TX 76006
3. Azle Public Library
15.
Handley-Meadowbrook Community 27.
Sonny and Allegra Nance
609 Southeast Parkway Center Elementary
Azle, TX 76020 6201 Beaty Street 701 Tierra Vista Way
4. Bedford Public Library Fort Worth, TX 76112 Fort Worth, TX 76131
1805 L Don Dodson
16.
Hurst Recreation Center 28.
South Service Center
Bedford, TX 76021 700 Mary Drive 1100 S.W. Green Oaks Boulevazd
5. Benbrook YMCA Hurst, TX 76053 Arlington, TX 76017
1899 Winscott Road
17.
Keller Town Hall 29.
Southlake Town Hall
Benbrook, TX 76126 1100 Beaz Creek Pazkway 1400 Main Street
6. Bob Duncan Community Center Keller, TX 76248 Southlake, TX 76092
2800 South Center Street
18.
Kennedale City Hall 30.
Southside Community Center
Arlington, TX 760]4 405 Municipal Drive 959 East Rosedale Street
7. Colleyville City Hall Kennedale, TX 76060 Fort Worth, TX 76104
100 Main Street
19.
Mahaney Community Center 31.
Southwest Regional Library
Colleyville, TX 76034 6800 Forest Hill Drive 4001 Library Lane
8. Como Elementary School Forest Hill, TX 76140 Fort Worth, TX 76109
4000 Home Street
Fort Worth, TX 76107 20. Mansfield Sub-Courthouse 32. Southwest Sub-Courthouse
1100 East Broad Street 6551 Cranbury Road
9. Crowley Public Library Mansfield, TX 76063
Fort Worth, TX 76133
409 South Oak Street
Crowley, TX 76036 21. North Richland Hills Recreation Center 33. Starrett Elementary School
6720 Northeast Loop 820 2675 Fairmont Drive
10. Diamond Hill/Jarvis Library North Richland Hills, TX 76180
Grand Prairie, TX 75052
1300 Northeast 35th Street
Fort Worth, TX 76106 22 Northeast Sub-Courthouse 34. White Settlement Recreation Center
645 Grapevine Highway 8213 White Settlement Road
11. Euless Public Library Hurst, TX 76054
White Settlement, TX 76108
201 North Ector Drive
Euless, TX 76039 23. Northwest Sheriff Patrol Building 35. Worth Hei is Communi Center
gh tY
6651 Lake Worth Boulevazd 3551 New York Avenue
12. Grapevine Community Activities Center Lake Worth, TX 76135
Fort Worth, TX 76110
1175 Municipal Way
Grapevine, TX 76051 24. Richland Hills Community Center •• Eme enc Ballots-Onl at
t'g y y
3204 Diana Drive Tarrant County Elections Center
Richland Hills, TX 76118 2700 Premier Street
Fort Worth, TX 76111
Temporary Branch Early Voting Locations
(Case[as Temporales pars Votacion Temprano)
May (Mayo) 1 _ 3
A. Grand Prairie Development Center
206 W Church Street
Grand Prairie, TX 75050
Monday -Wednesday (canes-Miereores) 8:00 a.m. - 5:00 p.m.
B. Pantego Town Hall C. Westlake City Hall
1614 South Bowen Road 2650 J.T. Ottinger Road
Pantego, TX 76013 Westlake, TX 76262
_.
May (Mayo) 5
Friday (Vierttes)
8:00 a.m. - 5:00 p.m.
May (Mayo) 6 Saturday (sabatto) 7:00 a.m. - 7:00 p.m.
May (Mayo) 7 Sunday (Domingo) 11:00 a.m. - 4:00 p.m.
May (Mayo) 8 - 9 Monday-Tuesday (Lanes-Manes) 7:00 a.m. - 7:00 p.m.
D. Dalworthington Gardens City Hall F. East Regional Library
2600 Roosevelt Drive 6301 Bridge Street
Dalworthington Gardens, TX 76016 Fort Worth, TX 76012
E Eagle Mountain-Saginaw G. Haslet City Hall
ISD Administration Bldg. 105 Main Street
1200 Old Decatur Road Haslet, TX 76052
Fort Worth, TX 76179
U.S. Department of Justice
Civil Rights Division
JKT:KD:HMMadf par
DJ 166-012-3
2006-3135
Voting Section - NWB
950 Pennsylvania Avenue, NW
Washington, DC 20530
May 22, 2006
Betsy Elam, Esq.
Taylor Olson Adkins Sralla Elam
6000 Western Place, Suite 200
Fort Worth, Texas 76107
Dear Ms. Elam:
This refers to the change in voting method and the procedures for conducting the May 13,
2006 joint election with numerous jurisdictions by Tarrant County, including early voting
changes, for the City of Kennedale in Tarrant County, Texas, submitted to the Attorney General
pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submission
on March 24, 2006.
The Attorney General does not interpose any objection to the specified changes. However,
we note that Section 5 expressly provides that the failure of the Attorney General to object does
not bar subsequent litigation to enjoin the enforcement of the changes. Procedures for the
Administration of Section 5 of the Voting Rights Act (28 C.F.R. 51.41).
Please be advised that Sections 4(f)(4) and 203(c) of the Voting Rights Act require that the
audio function of the accessible voting device include both an English and Spanish version to
serve voters with limited English proficiency. See the Attorney General's Language Minority
Guidelines (28 C.F.R. Part 55), available at www.usdoj.gov/crt/voting/28cfr/55/28cfr55.htm.
Sincerely,
_._
-_ _,~- _. _a_~_.~~ ,l
John Tanner ~ ~ ~
Chief, Voting Section