An update  from the Plain Dealer about the dispute between DOJ and Cuyahoga regarding Spanish language ballots there.

From press accounts, it would seem Cuyahoga is in the driver’s seat at this early stage of the dispute.  Firstly, because the election is so close, DOJ would have a very difficult time carrying their burden for a preliminary injunction for the November 2010 election, especially because nothing was done for so long and only on the eve of printing ballots.  Secondly, DOJ would have some significant statistical burdens that would most likely need to be introduced through expert testimony.  For example, the actual number of protected Spanish speakers who really need a Spanish ballot would need to be established.  While that might not be a terribly difficult task, under the time pressures it would be.  Plus there is a question whether DOJ would have even hired an expert this early in the litigation and therefore they would be unprepared to present such testimony.  Remember that this concern is unique to the preliminary injunction phase.  Thirdly, if printing a Spanish language ballot would be $500,000 alone for the upcoming election, or even close to that, Cuyahoga has every incentive to disagree to every remedy proposed by DOJ that would impose such a cost.  There are remedies short of what is now being demanded that would not cost so much, and might provide an opportunity to collect data for Cuyahoga to inform actual need for future elections.  Fourthly, there are some legal uncertainties about 4e triggers and remedial obligations that endanger any movant carrying burdens. 

Either way, because DOJ is running out of time, and because, according to the article, DOJ waited so long to bring the matter, time is now on the side of Cuyahoga and there is no reason to settle the matter.  All of this changes of course after the election when the sound of a ticking clock becomes less relevant.