Arizona woman off ballot after high court agrees her English isn't good enough
Alejandrina Cabrera answers questions about her ability to speak English in Arizona's Yuma County Superior Court.
February 8th, 2012
12:31 PM ET

Arizona woman off ballot after high court agrees her English isn't good enough

A woman trying to run for the San Luis, Arizona, City Council will not appear on the ballot after the Arizona Supreme Court upheld a ruling that her English was not good enough.

Alejandrina Cabrera has been locked in a political battle regarding her proficiency in the English language.  But her story is more than a local election dispute, with possibly widespread implications in a country that prides itself as a melting pot.

In the border town of San Luis, 87% of residents speak a language other than English in their homes, and 98.7% are of Hispanic origin, according to 2010 U.S. census data.  Most of the people there, by all accounts, speak both English and Spanish.

“I think my English is good enough to hold public office in San Luis, Arizona,” Cabrera told CNN en Español in an interview conducted in Spanish.

“I am not going to help (at the White House). I will be helping here.”

Last month, Yuma County Superior Court Judge John Nelson ruled the woman's name should be taken off the ballot after testimony from linguistics experts and Cabrera. A U.S. citizen born in Yuma, Arizona, Cabrera moved to Mexico and then returned to Yuma for the last three years of  school, graduating from Kofa High School.

Cabrera was able to tell her attorney her name and where she was born but struggled with what school she had graduated from, according to the Yuma Sun. After being asked the question three times, without being able to answer in English, the judge allowed Cabrera to leave the witness stand and issued his ruling, the paper reported. In his ruling, Nelson said he wanted to be clear he wasn't saying that Cabrera had an "intelligence" issue but felt she should be removed from the ballot because of her lack of proficiency in English.

Cabrera appealed the ruling to the Arizona Supreme Court, which upheld the lower court Tuesday. CNN has not been able to reach Cabrera, her attorneys and city officials for responses to the ruling.

“It is ordered that the trial court's judgment and orders filed January 27, 2012 are affirmed,” Supreme Court Chief Justice Rebecca White Berch said. “The City Clerk shall not include appellant's name on the March 13, 2012, City Council election ballot. A written decision of this court shall follow in due course.”

At present it's unclear what factored into the justices' decision, but Cabrera's story has caught the attention of people nationwide and sparked a debate about who is best able to represent the people of a certain community.

“When he took my right to be on the ballot, he took away the right of the people who want to vote for me,” Cabrera said after the judge's initial ruling.

As Cabrera's story attracted attention, much of the debate centered on two issues. First, some of CNN's readers said candidates for public office should be able to speak English well. But others argued that the people of San Luis could decide if Cabrera was qualified and choose whether or not to vote for her.

The dispute began when Juan Carlos Escamilla, the mayor of San Luis, said he was concerned that Cabrera might not have the proper grasp of the language for the job. Escamilla filed a lawsuit in December asking a court to determine whether Cabrera's skills qualified her under state law to run for the council seat.

Cabrera admits she isn't the most fluent in English.

Instead of the confident, strong way she speaks in Spanish, Cabrera talks a bit more slowly, and perhaps with less conviction, when she switches to English. She says she can communicate at the level she needs to in English, given where she lives. She grades her English proficiency as a 5 on a scale from 1 to 10.

“I am a very honest so I can tell you I’m not fluid in English, but I do understand it. I can read a letter. I can read a book,” Cabrera said. “Right now I have a private tutor helping me improve my English.”

In 2006, Arizona passed a law that made English the official language of the state. Nearly a century before, in 1910, Congress passed the Enabling Act, which allowed Arizona to become a state with certain requirements. Among them was one that addressed the English language.

"The ability to read, write, speak, and understand the English language sufficiently well to conduct the duties of the office without aid of an interpreter shall be a necessary qualification for all state officers and members of the state legislature," a section of the act reads.

But Cabrera's attorneys argued in court that her disqualification was unfair and may be unconstitutional, saying there is no standard for a specific level of proficiency for a City Council candidate.

“Unbelievable,” John Minore, one of Cabrera's attorneys told the Yuma Sun after the high court ruling. “This is a fine example of judicial activism. Arizona now has a English standard to be on a ballot but doesn't tell you what that standard is. It's amazing that people in government who are in power can spend taxpayer money to keep people off the ballot. This is Hispanics keeping Hispanics off the ballot, compliments of the San Luis City Council.”

The court battle is part of a growing discussion about English in a country where people come from a variety of backgrounds. During a recent presidential debate, GOP candidates said that English should be the official U.S. language and should be the only one taught in school.

Bob Vandevoort of the advocacy group ProEnglish said that the country would be more cohesive if English were made the standard language in government.

"We are concerned as far as government goes; we don't want to see us become a multilanguage nation. We want to see a nation that has one language as far as government is concerned," he said, adding that what people speak at home is a different issue.

Arturo Vargas, executive director of the National Association of Latino Elected and Appointed Officials, said there should be more opportunities to ensure everyone has the resources to learn English. He said there are long lines to get into classes in several cities, with so many people trying to learn English.

But Vargas argues a candidate doesn't necessarily need to have full English proficiency to run for office.

"I think it should be up to the voters to decide what kind of representative they want," he said. "I don’t think it’s necessarily fair to not be able, to not allow someone to present themselves to the voters as a candidate because of their language abilities."

It's unclear what Cabrera's next move may be, but there may still be one way for her to run for the San Luis City Council: as a write-in candidate.

Nevertheless, Cabrera's battle will surely advance the debate about language in America and politics.

Let us know what you think about the issue in the comments below. Do you think the right decision was made?

soundoff (2,004 Responses)
  1. h.

    How did GW Bush become president then? He butchered the English language?

    February 9, 2012 at 8:00 am | Report abuse |
  2. Les

    Congress should pass a bill declaring english as the national language. Lets get off this political correct nonsense.

    February 9, 2012 at 8:05 am | Report abuse |
    • Ray

      What we do not need in this country is division enclaves of non English speaking residents. Then this would not be the United States of America, but, a loose confederation of foreign states.

      English Units us as a people and immigrants must join the process of American lifestyle to flourish here.

      February 9, 2012 at 8:58 am | Report abuse |
    • Ray

      What we do not need in this country is division enclaves of non English speaking residents. Then this would not be the United States of America, but, a loose confederation of foreign states.

      English unites us as a people and immigrants must join the process of American lifestyle to flourish here.

      February 9, 2012 at 8:59 am | Report abuse |
  3. Ken Andrews

    Arizona has now officially taken the crown away from Mississippi, as Most Bigoted State.

    February 9, 2012 at 8:06 am | Report abuse |
    • D,

      I doesn't seem to be bigotry at all. How much longer are the city meetings going to be? Does the city have to hire an interpreter for her? She cannot represent her community if she cannot understand the language it does business in!

      February 9, 2012 at 8:28 am | Report abuse |
    • Jose

      Lo que un idiota comentario.

      February 9, 2012 at 8:50 am | Report abuse |
  4. Howard

    The problem is that English is the official language of the state and therefore must be spoken and written while conducting all state and legal business in the state, a lot of which is done by the city council.

    February 9, 2012 at 8:15 am | Report abuse |
  5. Eregede1

    The ruling suggets then that when people travel to nations where English is not the ofiicial language, then they will be made to learn the language of those nations in order to do bisiness. To argue that English should be the only language taught in schools is to say the least idiotic. Do we have to change the names of cities and towns in this country that are not in English? And why do we love the foods of these people and yearn to go on vacations and trips to their "homelands" while at the samea time trying to marginalize them?

    February 9, 2012 at 8:16 am | Report abuse |
    • Flippity Flappity

      STFU no it does not.

      February 9, 2012 at 8:25 am | Report abuse |
  6. Eregede1

    The ruling suggets then that when people travel to nations where English is not the ofiicial language, then they will be made to learn the language of those nations in order to do bisiness. To argue that English should be the only language taught in schools is to say the least idiotic. Do we have to change the names of cities and towns in this country that are not in English? And why do we love the foods of these people and yearn to go on vacations and trips to their "homelands" while at the same time trying to marginalize them?

    February 9, 2012 at 8:17 am | Report abuse |
  7. Eregede1

    The fact is that most people do not even speak linguistically correct English. For example what is "am fixing or is it fitting to go? Other examples abound that are just as wrong that it is not necessary to write them here. I have been in meetings where managers and directors of companies just "destroy" the lingo and it is everywhere in the society. Why do we celebrate St. Patrick's day and honor the Irish tradition here?

    February 9, 2012 at 8:27 am | Report abuse |
    • xman

      Every language has it's butchers. So what's your point.

      February 9, 2012 at 8:46 am | Report abuse |
  8. Ivan

    Arizona Supreme Court made right decision.

    February 9, 2012 at 8:28 am | Report abuse |
  9. JimfromBham

    This lady is a US citizen, and a resident of the place where she wants to run for public office. The voters, not the Courts, should decide whether her English is good enough to represent them. Heck, there are folks in the rural counties from my State that speak an entirely different dialect, but the State Supreme Court wouldn't have the nerve to keep a Caucasian off the ballot. This is ethnic/racial discrimination and I hope she challenges it in the Federal Courts.

    February 9, 2012 at 8:28 am | Report abuse |
  10. valerie

    Just another reason to be embarressed to live in Arizona

    February 9, 2012 at 8:29 am | Report abuse |
  11. Junggg

    Sounds like a fair ruling to me. People are trying to find unfair discrimination where it does not exist.

    February 9, 2012 at 8:31 am | Report abuse |
  12. Veritas

    I'm sorry but we have to draw the line somewhere. Language is the, one, supreme, unifying force in any and all cultures. The ability to read, write, understand and speak the English language is an unavoidable necessity in this culture. It's not racist, it's not bigotry, it's just a fact.

    February 9, 2012 at 8:33 am | Report abuse |
  13. Karen

    Yeah, I remember she said her English is "fluid".

    I feel offended! I came 13 years ago and first thing in my mind was to learn the language and the basics (law, obligations, rights, etc). After that, college.

    In this case is not just the language issue, is knowledge.

    But hey! It's all America's fault. Now becoming a citizen, I received a book at the ceremony featuring foreign-born Americans....Celia Cruz is on the book (really?!) The woman never learned English, in fact she hated the language. What did she contribute to America? She even received honorary doctorates from Yale and University of Miami (!!) Did she even complete high school?

    Its almost not to blame this lady for wanting to run for office, she wants the same chance.

    February 9, 2012 at 8:37 am | Report abuse |
  14. learn it,live it.

    learn to speak-ah-da-english,or GTFO....

    February 9, 2012 at 8:42 am | Report abuse |
  15. JoeyE

    Way to go! MUST-HAVE english language everywhere!

    February 9, 2012 at 8:49 am | Report abuse |
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