City Ordered to Make Public Mock-Up of Illegible Ballot

Employees Say Families Need Fair Election on Earned Sick Days Question

Albuquerque, NM — On Wednesday afternoon, Judge Alan Malott ordered the City of Albuquerque to hand over the mock 2017 municipal ballot to members of the Healthy Workforce ABQ campaign, which advocates for the passage of an ordinance that would allow all Albuquerque workers to earn sick leave. The judge also ordered the Albuquerque City Clerk to testify at a deposition about how the City will fit all required issues, contests, and questions on the 2017 ballot.

In its lawsuit against the City of Albuquerque, the campaign argues that because the full text of the Healthy Workforce Ordinance will only fit on the ballot in an illegible and illegally-small font size — approximately 6-point font — the City Clerk should place a legible summary on the ballot and provide a legible, large-text copy of the full ordinance in each voting booth so that voters can read both documents.The City’s uses the same practice for bond questions.

“I’m legally blind and have to cast my ballot in a special voting machine that has long lines. Small font on the ballot will mean more people will have to make use of the limited machines that help visually-impaired people read their ballots,” said Jerry C De Baca, veteran and voter.

According to federal voting systems guidelines adopted in Section 1-9-14 of the New Mexico Election Code, election ballots must be printed at a minimum of 8.5 point font or larger to ensure that voters with poor vision can read their ballots. In their demand for a copy of the City’s mock-up ballot, Healthy Workforce argued that it will show that the earned sick days ordinance can only fit on the ballot in in a font size well below 8.5, in violation of law.

“Everyone deserves a fair election. Voters will be frustrated and discouraged from voting because the election ballot will be printed too small for voters to read,” said Diane Goldfarb of the League of Women Voters.

“A lot of voters will see that small font and skip right over it,” said Becca Arana, a member of OLÉ. “A ballot printed too small to read can determine whether hard-working moms and dads get a fair election, or not, on allowing employees to earn sick days.”

Albuquerque City Clerk, Natalie Howard, was also ordered to testify in a deposition about whether she can fit the Healthy Workforce Ordinance on the ballot in legible type alongside all the other issues that voters will decide in 2017, including the mayoral race, city council races, and bond questions.

Judge Malott did not rule on the font size question or issue any final rulings today. The plaintiffs plan to seek a final ruling soon after the City produces all of the information the Court ordered it to produce today, to ensure the people of ABQ will have a chance to vote a ballot they can read in October.

 

 

Families & School Districts Seek Court Action Against State of New Mexico

Landmark Education Suit Claims Students’ Constitutional Rights Are Being Violated

SANTA FE, NM—A state-court trial will start Monday in a landmark education lawsuit that alleges New Mexico is violating the state constitutional rights of students placed at risk.

The trial will focus on legal claims filed by the New Mexico Center on Law and Poverty (the Center) and MALDEF (Mexican American Legal Defense and Educational Fund) challenging the state’s failure to provide economically disadvantaged students, English-language learners (ELL), Native Americans, and students with disabilities with a “sufficient” education, as guaranteed by New Mexico’s constitution.

“The children of New Mexico are intelligent and capable, and have just as much potential as other students across the country. Unfortunately, the State has done little to invest in our children’s future,” said Preston Sanchez, an attorney at the New Mexico Center on Law and Poverty. “It’s time that the State be held accountable to its constitutional duty to meet the educational needs of our students so that they may achieve not only academic success but success in other areas of their lives. Our kids’ and our state’s future are at stake.”

While the state’s constitution mandates a “sufficient” and “uniform” education for all students in New Mexico, a majority of public school students are unable to read, write, or do math at grade level. The consolidated lawsuit calls for the court to order the State to provide the programming and resources necessary for all public school students to succeed, as well as ensure that funds are distributed equitably, including for economically disadvantaged and ELL students.

“For far too long, New Mexico has left its most vulnerable students behind, disregarding its constitutional duty to fully support their education for all students,” said Marisa Bono,

MALDEF Southwest regional counsel. “Every New Mexico child should have the opportunity to graduate ready to pursue their dreams and meet their full potential—this lawsuit will ensure that opportunity.”

The Center’s lawsuit, Yazzie v. State of New Mexico, was filed in March 2014 on behalf of a group of families and school districts including Gallup, Rio Rancho, Santa Fe, Cuba, Moriarty/Edgewood, and Lake Arthur. The families represented have children who are ELL, Native American or economically disadvantaged and have been negatively impacted by the lack of resources provided to New Mexico public schools.

“All I want is for my child to receive the best education possible, but my son and other Navajo students aren’t given the educational resources they need,” said Wilhelmina Yazzie, the named plaintiff in the Yazzie lawsuit whose son attends middle school in Gallup. “My son is a smart and dedicated student, but I worry that he’s not getting the academic support relevant to his native culture and language that will prepare him for college and help him succeed.”

MALDEF’s lawsuit, Martinez v. State of New Mexico, was filed in April 2014 on behalf of parents and public schools in Española, Santa Fe, Albuquerque, Zuni, Magdalena, Las Cruces and Gadsden. The suit alleges that the state’s inadequate funding for ELL and economically disadvantaged students, the lack of quality pre-K programs and other problems violate state constitution. State attorneys sought to dismiss the lawsuit, but the court denied the request and ruled for the first time in New Mexico’s history that education is a fundamental right.

“I simply want my children to have an equal opportunity to get a good education,” said

Roberto Sanchez, a plaintiff in the Martinez case whose children attend school in Santa Fe. “I see that my three children don’t have access to what they need to get ahead. Sometimes they have substitutes for a long time. We are simply asking that our children have a chance to get the education they need.”

The Center’s legal counsel on the case include Gail Evans, Preston Sanchez, Christopher Sanchez, and Lauren Winkler of the Center along with co-counsel Daniel Yohalem and Mark D. Fine. MALDEF’s lead counsel is Marisa Bono, Southwest regional counsel, and legal counsel include staff attorneys Ernest Herrera and Jack Salmon; E. Martin Estrada, Nick Sidney and Jessica Baril with Munger, Tolles & Olson; and David Garcia. The trial is expected to last nine weeks.

For more information on the Yazzie lawsuit, including plaintiff profiles, please visit: http://nmpovertylaw.org/our-work/education-2/.

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 The mission of the New Mexico Center on Law and Poverty is to advance economic and social justice through education, advocacy, and litigation. The Center works with low-income New Mexicans to improve living conditions, increase opportunities, and protect the rights of people living in poverty. Underlying its mission is a vision of New Mexico without poverty, where all peoples’ basic human rights are met. For media inquiries, please contact Maria Archuleta at (505) 255-2840 or Maria.A@nmpovertylaw.org.

 Founded in 1968, MALDEF is the nation’s leading Latino legal civil rights organization. Often described as the “Latino Legal Voice for Civil Rights in America,” MALDEF promotes social change through advocacy, communications, community education and litigation in the areas of education, employment, immigrant rights and political access. For more information on MALDEF, please visit: www.maldef.org. For media inquiries, please contact Sandra Hernandez at (213) 629-2512 ext. 129 or shernandez@maldef.org

Wage Theft Lawsuit Filed Against NM Department of Workforce Solutions

NMCLP took the fight against wage theft to the courtroom today with a lawsuit against the NM Department of Workforce Solutions.

The lawsuit was filed by four workers who were victims of wage theft and workers’ rights organizations El Centro de Igualdad y Derechos, NM Comunidades en Accion y de Fé (CAFÉ), Organizers in the Land of Enchantment (OLÉ), and Somos Un Pueblo Unido. Elizabeth Wagoner of the New Mexico Center on Law and Poverty (NMCLP) is lead counsel on a legal team that includes NMCLP’s Gail Evans, Tim Davis, Santa Fe attorney Daniel Yohalem and Gabriela Ibañez Guzmán of Somos Un Pueblo Unido.

Read the filed complaint HERE.

Judge Holds NM Human Services Chief in Contempt

human-services-departmentOriginally published in the Albuquerque Journal September 28, 2016
https://www.abqjournal.com/854783/judge-finds-contempt-in-hsd-legal-case.html

SANTA FE – A federal judge held New Mexico’s top human services official in contempt Tuesday for failing to comply with court orders aimed at improving the administration of food aid and Medicaid health care benefits.

The contempt order against Human Services Secretary Brent Earnest by U.S. District Court Judge Kenneth Gonzales upheld findings that the cabinet secretary did not diligently attempt to comply with court orders concerning the handling of Medicaid benefit renewals, eligibility for immigrants, training for agency employees and other administrative requirements.

The judge, in his Tuesday order, also said objections filed by the agency were without merit and that the overall direction of the case was troubling.

“It remains clear that HSD and its officials have failed to exercise the leadership, control and managerial oversight to effectively come into compliance with the court orders,” Gonzales wrote.

However, a spokesman for the Human Services Department, which runs the federally funded Supplemental Nutrition Assistance Program, or SNAP, took issue with at least part of the judge’s order.

“We strongly disagree with the judge’s characterization of the department, which doesn’t take into account all of our efforts to resolve long-standing issues – some of which are three decades old and occurred under several administrations,” HSD spokesman Kyler Nerison said. “However, we are pleased that the court has agreed with us to bring in an outside monitor to help resolve those issues.”

“Regardless, we are going to continue providing services to New Mexicans who need it the most,” he added.

The contempt finding accompanies the judge’s earlier approval of plans for a court-appointed special master to help ensure federally funded benefits are administered properly amid internal investigations by state and federal agencies into allegations that food aid applications were falsified.

The civil contempt order carries no additional sanctions or penalties.

Sovereign Hager, an attorney at the New Mexico Center on Law and Poverty and advocate for aid beneficiaries in the litigation, said the order sends a strong message nonetheless.

“I think this is a message that if things don’t work out with a special master and the state doesn’t come into compliance, the court will look to harsher remedies,” she said.

New Mexico has one of the nation’s highest poverty rates, and there were more than 536,000 New Mexicans receiving food assistance benefits under SNAP, which was formerly known as food stamps, as of July, according to HSD. That figure was up by more than 7 percent – or nearly 36,000 people – from a year earlier.

The judge’s contempt order is the latest twist in a 1988 lawsuit. Earlier this year, a series of hearings were conducted by U.S. Magistrate Judge Carmen Garza, who had been tasked with monitoring compliance with a consent decree in the lawsuit and previous court orders.

Those hearings showed potential problems with the SNAP program, including testimony that state intake workers had been ordered to falsify income for some applicants, effectively denying them emergency benefits.

The testimony prompted criticism of Gov. Susana Martinez’s administration by top legislative Democrats and party officials, including a call from Sen. Gerald Ortiz y Pino, D-Albuquerque, the chairman of the interim Health and Human Services Committee, for Earnest to resign.

Earnest took over as HSD secretary – after Martinez picked him for the job – in December 2014 after the agency’s former secretary stepped down.

Read the Order from Judge Gonzales here.

JUST IN: Judge Signs Temporary Restraining Order on Printing of November Ballot

District Judge Alan Malott signed a Temporary Restraining Order this afternoon preventing the Clerk of Bernalillo County from printing ballots for the November 8, 2016 general election without a summary of the Healthy Workforce Ordinance until further Order from his court. A hearing on this matter will take place on Monday, September 12, 2016 at 4:00 p.m.

The Temporary Restraining Order can be found here.