S T A T E   O F   N E W   Y O R K
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                                   867

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. COLTON, JACOBS, CYMBROWITZ, MAISEL, BROOK-KRASNY,
  J. RIVERA,  P. RIVERA,  PHEFFER  --  Multi-Sponsored  by  --  M. of A.
  ABBATE, AUBRY, GUNTHER, HEASTIE --  read  once  and  referred  to  the
  Committee on Election Law

AN  ACT  to  amend  the election law, in relation to providing bilingual
  voting materials

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Legislative findings and declaration of policy. The legis-
lature finds that, through the use of various practices and  procedures,
citizens  of  language  minorities  have  been effectively excluded from
participation in the electoral process. Among other factors, the  denial
of  the  right  to  vote  of  such minority group citizens is ordinarily
directly related to the unequal educational opportunities afforded  them
resulting in high illiteracy and low voting participation.  The legisla-
ture  declares  that,  in  order to enforce the guarantees of the United
States Constitution, it is necessary to eliminate such discrimination by
prohibiting these practices, and by prescribing other remedial devices.
  S 2. The election law is amended by adding a new section 3-505 to read
as follows:
  S 3-505. BILINGUAL VOTING MATERIALS REQUIREMENT. 1. GENERALLY.  BEFORE
AUGUST SIXTH, TWO THOUSAND  FOURTEEN,  NO  COVERED  STATE  OR  POLITICAL
SUBDIVISION SHALL PROVIDE VOTING MATERIALS ONLY IN THE ENGLISH LANGUAGE.
  2.  COVERED  STATES AND POLITICAL SUBDIVISIONS. (A) GENERALLY. A STATE
OR POLITICAL SUBDIVISION IS A COVERED STATE OR POLITICAL SUBDIVISION FOR
THE PURPOSES OF THIS SECTION IF THE DIRECTOR OF THE  CENSUS  DETERMINES,
BASED ON CENSUS DATA, THAT:
  (1) MORE THAN FIVE PERCENT OF THE CITIZENS OF VOTING AGE OF SUCH STATE
OR  POLITICAL  SUBDIVISION ARE MEMBERS OF A SINGLE LANGUAGE MINORITY AND
ARE LIMITED-ENGLISH PROFICIENT; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD04971-01-1

A. 867                              2

  (2) MORE THAN TEN THOUSAND OF THE CITIZENS OF VOTING AGE OF SUCH POLI-
TICAL SUBDIVISION ARE MEMBERS OF A  SINGLE  LANGUAGE  MINORITY  AND  ARE
LIMITED-ENGLISH PROFICIENT.
  (B)  EXCEPTION.  THE  PROHIBITIONS OF THIS SECTION DO NOT APPLY IN ANY
POLITICAL SUBDIVISION THAT HAS LESS THAN FIVE PERCENT VOTING AGE  LIMIT-
ED-ENGLISH PROFICIENT CITIZENS OF EACH LANGUAGE MINORITY WHICH COMPRISES
OVER FIVE PERCENT OF THE STATEWIDE LIMITED-ENGLISH PROFICIENT POPULATION
OF  VOTING  AGE  CITIZENS, UNLESS THE POLITICAL SUBDIVISION IS A COVERED
POLITICAL SUBDIVISION INDEPENDENTLY FROM ITS STATE.
  3. DEFINITIONS. AS USED IN THIS SECTION:
  (A) THE TERM "VOTING MATERIALS" MEANS REGISTRATION OR VOTING  NOTICES,
FORMS,  INSTRUCTIONS,  ASSISTANCE,  OR  OTHER  MATERIALS  OR INFORMATION
RELATING TO THE ELECTORAL PROCESS, INCLUDING BALLOTS;
  (B) THE TERM "LIMITED-ENGLISH PROFICIENT" MEANS  UNABLE  TO  SPEAK  OR
UNDERSTAND  ENGLISH  ADEQUATELY  ENOUGH  TO PARTICIPATE IN THE ELECTORAL
PROCESS;
  (C) THE TERM "CITIZENS" MEANS CITIZENS OF THE UNITED STATES; AND
  (D) THE TERM "ILLITERACY" MEANS THE  FAILURE  TO  COMPLETE  THE  FIFTH
PRIMARY GRADE.
  4.  SPECIAL  RULE.  THE  DETERMINATIONS  OF THE DIRECTOR OF THE CENSUS
UNDER THIS SECTION SHALL BE EFFECTIVE UPON PUBLICATION  IN  THE  FEDERAL
REGISTER AND SHALL NOT BE SUBJECT TO REVIEW IN ANY COURT.
  5.  REQUIREMENT OF VOTING NOTICES, FORMS, INSTRUCTIONS, ASSISTANCE, OR
OTHER MATERIALS AND BALLOTS IN MINORITY LANGUAGE. WHENEVER ANY STATE  OR
POLITICAL  SUBDIVISION  SUBJECT  TO  THE  PROHIBITION  OF  THIS  SECTION
PROVIDES  ANY  REGISTRATION  OR  VOTING  NOTICES,  FORMS,  INSTRUCTIONS,
ASSISTANCE,  OR OTHER MATERIALS OR INFORMATION RELATING TO THE ELECTORAL
PROCESS, INCLUDING BALLOTS, IT SHALL PROVIDE THEM IN THE LANGUAGE OF THE
APPLICABLE MINORITY GROUP AS WELL AS IN THE ENGLISH LANGUAGE.  PROVIDED,
THAT  WHERE  THE  LANGUAGE  OF  THE APPLICABLE MINORITY GROUP IS ORAL OR
UNWRITTEN OR IN THE CASE OF ALASKAN NATIVES AND AMERICAN INDIANS, IF THE
PREDOMINANT LANGUAGE IS HISTORICALLY UNWRITTEN, THE STATE  OR  POLITICAL
SUBDIVISION  IS  ONLY REQUIRED TO FURNISH ORAL INSTRUCTIONS, ASSISTANCE,
OR OTHER INFORMATION RELATING TO REGISTRATION AND VOTING.
  6. ACTION FOR DECLARATORY JUDGMENT PERMITTING ENGLISH-ONLY  MATERIALS.
ANY  STATE  OR  POLITICAL SUBDIVISION SUBJECT TO THE PROHIBITION OF THIS
SECTION, WHICH SEEKS TO  PROVIDE  ENGLISH-ONLY  REGISTRATION  OR  VOTING
MATERIALS  OR INFORMATION, INCLUDING BALLOTS, MAY FILE AN ACTION AGAINST
THE UNITED STATES IN THE UNITED STATES DISTRICT COURT FOR A  DECLARATORY
JUDGMENT  PERMITTING SUCH PROVISION. THE COURT SHALL GRANT THE REQUESTED
RELIEF IF IT DETERMINES THAT  THE  ILLITERACY  RATE  OF  THE  APPLICABLE
LANGUAGE  MINORITY  GROUP  WITHIN  THE STATE OR POLITICAL SUBDIVISION IS
EQUAL TO OR LESS THAN THE NATIONAL ILLITERACY RATE.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.