Case: United States v. Orange County Board of Elections

7:12-cv-03071 | U.S. District Court for the Southern District of New York

Filed Date: April 18, 2012

Closed Date: Jan. 31, 2017

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Case Summary

This is a case about the protection of voting rights of Spanish-speakers in Orange County, New York, who had limited English proficiency. The United States Department of Justice (DOJ) filed this action in the U.S. District Court for the Southern District of New York on April 18, 2012, against the Orange County Board of Elections (BOE). The plaintiffs alleged violations of Section 4(e) of the Voting Rights Act, 42 U.S.C. § 1973, because the BOE failed to provide ballots and voting information in…

The parties entered into a consent decree on April 24, 2012, just six days after the initial complaint. Judge Ramos signed the consent decree which required the BOE to provide Spanish-language election materials and voting machine instructions. The consent decree further required the BOE to appoint a Bilingual Election Program Coordinator and to recruit and hire bilingual poll workers and inspectors for any elections.

The consent decree also allowed the appointment of federal observers that would inspect elections in Orange County during the consent decree. The BOE was charged with documenting all progress made in furtherance of the obligations of the consent decree and to report their findings within 60 days of any election.

The consent decree was set to terminate on January 31, 2015, provided that the BOE achieved substantial compliance with the agreement during the two previous election cycles. The DOJ filed reports regarding the voting conditions in Orange County on January 13, 2015. On January 28, 2015, the parties were still in discussions regarding whether the defendants had achieved substantial compliance, and Judge Ramos extended the consent decree until March 6, 2015. On March 9, 2015, the parties entered a new stipulation. The new agreement required that the BOE hire bilingual, bipartisan election coordinators and inspectors and train election officials on the language requirements of the Voting Rights Act. The new agreement retained the original reporting and federal observation requirements and was set to terminate on January 31, 2017. This case now appears to be closed.

Summary Authors

Claire Butler (12/30/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12854307/parties/v-orange-county-board-of-elections/

Judge(s)

Ramos, Edgardo (New York)

Attorney for Plaintiff

Boeving, James Nicholas (New York)

Torrance, Benjamin Henry (New York)

Judge(s)

Ramos, Edgardo (New York)

Attorney for Plaintiff

Boeving, James Nicholas (New York)

Torrance, Benjamin Henry (New York)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 7:12-cv-03071	Complaint	April 18, 2012	April 18, 2012 Complaint
2 7:12-cv-03071	Consent Decree	April 24, 2012	April 24, 2012 Order/Opinion
12 7:12-cv-03071	Stipulation	March 9, 2015	March 9, 2015 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/12854307/v-orange-county-board-of-elections/

Last updated April 15, 2026, 5:17 a.m.

ECF Number	Date	Description	Link
1	April 18, 2012	COMPLAINT against Susan Bahren, David Greene, Orange County Board of Elections. Document filed by United States of America. (lnl) (Entered: 04/19/2012)	RECAP
	April 18, 2012	SUMMONS ISSUED as to Susan Bahren, David Greene, Orange County Board of Elections. (lnl)
	April 18, 2012	Case Designated ECF. (lnl)
	April 18, 2012	Magistrate Judge George A. Yanthis is so designated. (lnl)
2	April 24, 2012	CONSENT DECREE - It is ORDERED, ADJUDGED AND DECREED: Pursuant to Rule 65 of the Federal Rules of Civil Procedure, the BOE, its agents, employees, contractors, successors, and all other persons acting in concert with or on behalf of the BOE, shall permanently provide Spanish-language election materials, information, and assistance necessary to allow persons educated in Puerto Rico to effectively participate in the electoral process, as required by Section 4(e) of the Voting Rights Act, and as set forth herein.2. The terms of this Consent Decree shall apply to all Federal, State, and local elections that are administered by the BOE and its agents, employees, contractors, successors, and all other persons acting in concert with or on behalf of the BOE. See document for more details. (Signed by Judge Edgardo Ramos on 04/19/2012) (dcr) (Entered: 04/24/2012)	RECAP
3	Jan. 13, 2015	FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE of Exhibits. Document filed by United States of America. (Torrance, Benjamin) Modified on 1/14/2015 (db). (Entered: 01/13/2015)	RECAP
4	Jan. 13, 2015	FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE of Exhibit. Document filed by United States of America. (Torrance, Benjamin) Modified on 1/14/2015 (db). (Entered: 01/13/2015)	RECAP
5	Jan. 13, 2015	FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE of Exhibit. Document filed by United States of America. (Torrance, Benjamin) Modified on 1/14/2015 (db). (Entered: 01/13/2015)	RECAP
6	Jan. 13, 2015	NOTICE of notice of filing of reports 2015-01-13. Document filed by United States of America. (Attachments: # 1 Exhibit 2012-06-26 City of Newburgh Recreation Activity Center, # 2 Exhibit 2012-06-26 City of Newburgh Recreation Activity Center.pdfa, # 3 Exhibit 2012-06-26 Kings Elementary School, # 4 Exhibit 2012-06-26 New Window Community Center, # 5 Exhibit 2012-06-26 OCCC George SCC, # 6 Exhibit 2012-06-26 Silver Lake Fire House Middletown, # 7 Exhibit 2012-06-26 South Middle School)(Torrance, Benjamin) (Entered: 01/13/2015)	RECAP
7	Jan. 13, 2015	NOTICE of notice of filing of reports 2015-01-13. Document filed by United States of America. (Attachments: # 1 Exhibit 2012-11-06 City of Newburgh Activity Center, # 2 Exhibit 2012-11-06 Gams Tech Magnet School, # 3 Exhibit 2012-11-06 Meadow Hill Reform Church, # 4 Exhibit 2012-11-06 Mechanics Town Firehouse, # 5 Exhibit 2012-11-06 Middletown Senior Center)(Torrance, Benjamin) (Entered: 01/13/2015)	RECAP
8	Jan. 13, 2015	NOTICE of notice of filing of reports 2015-01-13. Document filed by United States of America. (Attachments: # 1 Exhibit 2013-11-05 Keren Plaza Banquet Hall Pcts 22 to 28, # 2 Exhibit 2013-11-05 Keren Plaza Banquet Hall, # 3 Exhibit 2013-11-05 Knights of Columbus Pcts 5-10-11-12-14, # 4 Exhibit 2013-11-05 Kol Israel Temple Ward3 Dists 1 and 2, # 5 Exhibit 2013-11 05 New Windsor Comm Ctr, # 6 Exhibit 2013-11-05Newburgh Activity Ctr Ward4 Dists 1-2-3-4-5, # 7 Exhibit 2013-11-05 Orange Cty Comm College Ward4 Dists 6-7, # 8 Exhibit 2013-11-05Silverlake 7H Ward3 Dist3, # 9 Exhibit 2013-11-05 South Middle Sch War2 Dist2, # 10 Exhibit 2013-11-05 Warwick Senior Ctr Dist 29)(Torrance, Benjamin) (Entered: 01/13/2015)	RECAP
9	Jan. 13, 2015	NOTICE of notice of filing of reports 2015-01-13. Document filed by United States of America. (Attachments: # 1 Exhibit 2014-09-09 American Legion Post, # 2 Exhibit 2014-09-09 Harriman Center Pcts 8-9-19-36, # 3 Exhibit 2014-09-09 Kings Elementary School Pcts 6-9-29, # 4 Exhibit 2014-09-09 Monroe Senior Center, # 5 Exhibit 2014-09-09 Newburg Activity Center, # 6 Exhibit 2014-09-09 South Middle School, # 7 Exhibit 2014-09-09 Wallkill Communty Center, # 8 Exhibit 2014-09-09 Woodbury Jewish Comm Ctr)(Torrance, Benjamin) (Entered: 01/13/2015)	RECAP
10	Jan. 13, 2015	NOTICE of notice of filing of reports 2015-01-13. Document filed by United States of America. (Attachments: # 1 Exhibit 2014-11-04 American Legion Post.b, # 2 Exhibit 2014-11-04 City of Newburgh Activity Center.b, # 3 Exhibit 2014-11-04 Eitz Chaim, # 4 Exhibit 2014-11-04 Keren Plaza Banquet Hall downstairs, # 5 Exhibit 2014-11-04 Keren Plaza Banquet Hall upstairs, # 6 Exhibit 2014-11-04 New Hampton Fire Dept, # 7 Exhibit 2014-11-04 Ontario Phoenix, # 8 Exhibit 2014-11-04 Public Safety Building Fire Dept, # 9 Exhibit 2014-11-04 Silver Lake Firehouse, # 10 Exhibit 2014-11-04 South Middle School.b, # 11 Exhibit 2014-11-04 Wallkill Community Center)(Torrance, Benjamin) (Entered: 01/13/2015)	RECAP
11	Jan. 28, 2015	STIPULATION AND ORDER REGARDING EXTENSION OF THE TERMS OF THE CONSENT DECREE. IT IS HEREBY ORDERED, upon the stipulation and agreement of the parties, that the term of the Consent Decree as provided in paragraph 39 is hereby extended through and including March 6, 2015. (Signed by Judge Edgardo Ramos on 1/28/2015) (rjm) (Entered: 01/29/2015)	RECAP
12	March 9, 2015	STIPULATION: NOW THEREFORE, upon the stipulation and agreement of the parties, it is hereby ORDERED, ADJUDGED, AND DECREED that: The Recitals set forth above are true and correct and are hereby incorporated into this Stipulation as if set forth at length herein. Pursuant to Rule 65 of the Federal Rules of Civil Procedure, the BOE, its agents, employees, contractors, successors, and all other persons acting in concert with or on behalf of the BOE, shall permanently provide Spanish-language election materials, information, and assistance necessary to allow persons educated in Puerto Rico to effectively participate in the electoral process, as required by Section 4(e) of the Voting Rights Act, and as set forth herein. The terms of this Stipulation shall apply to all Federal, State, and local elections that are administered by the BOE and its agents, employees, contractors, successors, and all other persons acting in concert with or on behalf of the BOE. And as set forth herein. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/09/2015) (ama) (Entered: 03/09/2015)	RECAP
13	Jan. 30, 2017	NOTICE of filing of election reports, Sept 10, 2015. Document filed by United States of America. (Attachments: # 1 Kiryas Joel, # 2 Newburgh Activity Ctr, # 3 Newburgh Kol Israel, # 4 Nuwburgh Public Safety Bldg, # 5 Nuwburgh South JHS)(Torrance, Benjamin) (Entered: 01/30/2017)	RECAP
14	Jan. 30, 2017	NOTICE of filing of election reports, Nov. 3, 2015. Document filed by United States of America. (Attachments: # 1 Fostertown Sch, # 2 Huguenot Fire Station, # 3 Keren Plaza Downstairs, # 4 Keren Plaza Upstairs, # 5 Kol Israel, # 6 Public Safety Building, # 7 South Middle School)(Torrance, Benjamin) (Entered: 01/30/2017)	RECAP
15	Jan. 30, 2017	NOTICE of filing of election reports, Apr 19, 2016. Document filed by United States of America. (Attachments: # 1 Newburgh Ward 3 Dist 3, # 2 Shepard Student Ctr, # 3 Kol Israel, # 4 Mulberry House, # 5 Public Safety Bldg, # 6 South Middle School, # 7 Vails Gate Firehouse)(Torrance, Benjamin) (Entered: 01/30/2017)	RECAP
16	Jan. 30, 2017	NOTICE of filing of election reports, Sept 13, 2016. Document filed by United States of America. (Attachments: # 1 Am Legion 488, # 2 Am Legion 1443, # 3 Eitz Chaimi, # 4 Dikeman Fire Station, # 5 Harriman Ctr, # 6 Keren Plaza, # 7 King Sch, # 8 Monroe Senior Ctr, # 9 Middletown Senior Ctr, # 10 Newburgh Rec Ctr, # 11 Public Safety Building, # 12 Quassaik Fire, # 13 Senior Rec Ctr pt1, # 14 Senior Rec Ctr pt2, # 15 South Middle Sch pt1, # 16 South Middle Sch pt2, # 17 Whispering Hills)(Torrance, Benjamin) (Entered: 01/30/2017)	RECAP
17	Jan. 30, 2017	NOTICE of filing of election reports, Nov. 8, 2016. Document filed by United States of America. (Attachments: # 1 First Congregational Church, # 2 Keren Plaza, # 3 Kol Israel pt1, # 4 Kol Israel pt2)(Torrance, Benjamin) (Entered: 01/30/2017)	RECAP

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Case Details

State / Territory:

New York

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: April 18, 2012

Closing Date: Jan. 31, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiff is the United States Department of Justice.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Orange County Board of Elections

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Voting Rights Act, section 203 (language minority provision), 52 U.S.C. § 10503 (previously 42 U.S.C. § 1973aa-1a)

Constitutional Clause(s):

Due Process: Procedural Due Process

Equal Protection

Other Dockets:

Southern District of New York 7:12-cv-03071

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Follow recruitment, hiring, or promotion protocols

Monitoring

Reasonable Accommodation

Reporting

Training

Voting Process Changes

Order Duration: 2012 - 2017

Issues

General/Misc.:

Government services

Language access/needs

Staff (number, training, qualifications, wages)

Discrimination Area:

Disparate Impact

Disparate Treatment

Discrimination Basis:

Language discrimination

Affected Language(s):

Spanish

Voting:

Election administration

Voting: General & Misc.

Voting: Physical/Effective Access

Recommended Citation

Case Summary of United States v. Orange County Board of Elections, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/43832/ (last updated 12/30/2022).