September / October 2009 - Sacramento County Bar Association

Consistent with Nevada law, one lawyer was initially
assigned as an inside observer in a designated area to
strictly observe the conduct at the polling place after executing
the proper form and inspecting and recording tabulation
information from the new electronic voting
machines. Two other lawyers were provided with a table,
a sign, and a brightly colored shirt and located at a specified
distance from the polling location inside the school.
Their role was to answer questions and otherwise monitor
activities at the site, including the length of voter lines and
any unusual activity, such as video-taping, that might
intimidate potential voters or otherwise interfere with the
voting process. For example, we learned that many Latino
voters in Northern Nevada received phone calls in Spanish
incorrectly stating they could vote by phone, presumably
aimed at discouraging voter participation on election day.
Also, we learned of flyers being distributed with incorrect
voter information.
Throughout election day, which began at 5:00 a.m. and
ended at 8:30 p.m., we were able to answer numerous questions
for a variety of voters regardless of their party affiliation.
Many Spanish speaking voters were grateful to be able
to ask very basic questions in Spanish, especially from an
abogado (lawyer) without fear that they would be viewed as
uneducated or unsophisticated. Also, we were able to alleviate
the concerns of many voters born in Mexico who
thought they may not have received proper documentation
before voting because they weren't issued a “tarjeta electoral,”
a security-enhanced photo voter identification card
issued by the Mexican National Elections Commission,
which is needed to vote in Mexico.
As monitoring for police presence at the polling place
was also one of our assignments, our team became alarmed
when we observed a marked police car parked directly in
front of the school at 8:30 a.m. Historically, the presence
of marked police cars at polling locations has had a chilling
effect on voter participation. Looking into the matter,
we found out that even though O'Brien Middle School was
closed to students on election day, some teachers remained
on the job and had scheduled a gang-prevention training
with a member of the gang suppression unit with the Reno
Police Department. We immediately reported the presence
of the police car to the local “Boiler Room,” and after twenty
minutes the officer received a call from the Chief of
Police and Office of the Mayor to move the patrol car
behind the school.
Although the turnout of 61 percent of eligible voters
did not reach the estimated 63 percent turnout in President
Kennedy's victory in 1960, over 130 million voters participated
in the 2008 election, a turnout that exceeded the
122 million in the 2004 election. In the State of Nevada,
Latinos constituted 16 percent of all voters with 78 percent
voting for President Obama (see Big Turnout of Latino
Voters Boosted Obama, Wall Street Journal, page A10,
November 8, 2008).
Who says voting doesn't matter Millions know all too
well that elections matter. Thanks to the thousands of
lawyers who volunteered their time to monitor polls
throughout the country last fall in conjunction with the
Obama for America organization, the voting rights of many
voters were protected in 2008.
Mr. Céspedes is a graduate of the University of California-
Berkeley, Boalt Hall School of Law, and is past-president of the
Sacramento Chapter of La Raza Lawyers Association and is a
co-founder of the Unity Bar Association. He previously served as
senior consultant to the Office of the Assembly Majority Services,
Administrative Assistant to former Congressman Vic Fazio, and
as principal consultant to former State Senator Art Torres. His
private practice includes civil litigation, immigration, and
employment law. He also conducts Title VII/F.E.H.A. compliance
training for public and private employers.
SEPTEMBER/OCTOBER 2009 SACRAMENTO LAWYER
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