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

                                 4685--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2015
                               ___________

Introduced  by M. of A. COLTON, CYMBROWITZ, RIVERA -- Multi-Sponsored by
  -- M. of A.   ABBATE, AUBRY,  GUNTHER,  WEINSTEIN  --  read  once  and
  referred  to  the  Committee  on  Election  Law  -- recommitted to the
  Committee on Election Law in accordance with Assembly Rule 3,  sec.  2
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

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  SEVENTEEN,  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06444-03-6

A. 4685--A                          2
              

  (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
  (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.