NY State Senate Bill 2019-S4036C

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to elections
Jun 16, 2019	print number 4036c
Jun 16, 2019	amend and recommit to finance
May 29, 2019	print number 4036b
May 29, 2019	amend and recommit to finance
May 21, 2019	reported and committed to finance
Apr 17, 2019	print number 4036a
Apr 17, 2019	amend (t) and recommit to elections
Feb 26, 2019	referred to elections

Votes

- May 21, 2019 - Elections Committee Vote
  S4036C
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: May 21, 2019
      
      aye (5)
      
      Kavanagh
      
      May
      
      Mayer
      
      Myrie
      
      Salazar
      
      aye wr (2)
      
      Akshar
      
      Ritchie

Bill Amendments

Original

C (Active)

2019-S4036 - Details

See Assembly Version of this Bill:: A6075
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §8-110, El L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S786, A7467
2023-2024: S7367, A1902

2019-S4036 - Summary

Requires the board of elections in cities with a population of one million or more to provide at least one interpreter for all languages that are designated city-wide languages at poll sites that contain an election district with at least fifty voting age residents whose limited English proficiency language is a designated city-wide language.

2019-S4036 - Sponsor Memo

                                
 
BILL NUMBER: S4036

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the election law, in relation to
provision of interpreters at certain poll sites

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will help voters who do not speak English well to be
able to vote.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends the Election Law by adding a new section
8-110. Subdivision one of this new section provides that that each Coun-
ty Board of Elections (CBOE) shall provide interpreters for each of the
six most common languages spoken by individuals with limited English
proficiency residing in the County. In election districts where at least
50 voting age limited English proficiency residents speak one of the
common languages, the CBOE shall provide an interpreter at each poll
place in the election district. The six most common languages spoken by

individuals with limited English proficiency residing in each County, as
well as the poll locations that require interpreters, is determined by
the CBOE using United States Census data or American Community Service
Data, whichever is more recent. This determination must be reviewed
every 2 years.

Subdivision two of this new section provides that interpreters shall be
provided by the New York City Board of Elections (NYCBOE) for each of
the languages that is designated as city-wide languages pursuant to
section 23-1101 of the New York City Administrative Code. In election
districts where at least 50 voting age limited English proficiency resi-
dents speak one of the city-wide languages, the NYCBOE shall provide an
interpreter at each poll place in the election district. The determi-
nation regarding which poll locations require interpreters, is made by
the NYCBOE using United States Census data or American Community Service
Data, whichever is more recent. This determination must be reviewed
every 2 years. Currently, the city-wide languages are: Arabic, Bengali,
Chinese, French, Haitian Creole, Italian, Korean, Polish, Russian, Span-
ish, and Urdu.

Subdivision three of this new section provides that interpreters shall
1e located in the poll site.

Subdivision four of this new section provides that each CBOE and the
NYCBOE may provide interpreters for languages for which an interpreter
is not mandated pursuant to this new section.  Subdivision five of this
new section provides that the State Board of Elections shall promulgate
rules and regulations to implement this new section.

Section two of this bill provides that this act shall take effect on the
first of January next succeeding the date on which it shall have become
a law. Effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized to be made and completed on or before
such effective date.

 
JUSTIFICATION:

The right to vote is guaranteed by the United States Constitution.
Originally, the right to vote in the United States was provided only to
property-owning or tax paying Caucasian men. The expansion of voting
rights beyond this group was frequently the result of a long, difficult
fight.

The right to vote is a right that should be cherished and exercised.
Unfortunately, for many, communication issues make it difficult, if not
impossible, to vote. This bill would eliminate communication issues for
many limited English proficiency voters, enabling them to be able to
exercise their right to vote.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.

2019-S4036 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4036
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend the election law, in relation to provision of interpret-
   ers at certain poll sites
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The election law is amended by adding a new  section  8-110
 to read as follows:
   §  8-110. BOARDS OF ELECTIONS; PROVISION OF INTERPRETERS. 1.  NOTWITH-
 STANDING ANY PROVISION OF LAW TO THE CONTRARY, THE  BOARD  OF  ELECTIONS
 FOR  EACH  COUNTY  SHALL, AT A MINIMUM, PROVIDE AT LEAST ONE INTERPRETER
 FOR EACH OF THE SIX MOST COMMON LANGUAGES  SPOKEN  BY  INDIVIDUALS  WITH
 LIMITED  ENGLISH  PROFICIENCY  RESIDING IN SUCH COUNTY AT ALL POLL SITES
 THAT CONTAIN AN ELECTION DISTRICT WITH AT LEAST FIFTY VOTING  AGE  RESI-
 DENTS  WITH  LIMITED  ENGLISH  PROFICIENCY.  THE SIX MOST COMMON LIMITED
 ENGLISH PROFICIENCY LANGUAGES, AS WELL AS THE VOTING DISTRICTS  WITH  AT
 LEAST FIFTY VOTING AGE RESIDENTS WITH LIMITED ENGLISH PROFICIENCY, SHALL
 BE  DETERMINED  BY  THE  BOARD  OF  ELECTIONS BASED UPON THE MOST RECENT
 UNITED STATES CENSUS DATA OR AMERICAN COMMUNITY SERVICE DATA,  WHICHEVER
 IS MORE RECENT, AND BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-TWO,
 SUCH DATA SHALL BE REVIEWED EVERY TWO YEARS. UNLESS AN ELECTION DISTRICT
 HAS AT LEAST FIFTY VOTING AGE RESIDENTS WITH LIMITED ENGLISH PROFICIENCY
 WHO  SPEAK  ONE  OF  THE SIX COMMON LANGUAGES SPOKEN BY INDIVIDUALS WITH
 LIMITED ENGLISH PROFICIENCY RESIDING IN SUCH COUNTY, AN INTERPRETER  FOR
 SUCH  LANGUAGE  SHALL NOT BE REQUIRED FOR ANY POLL SITE IN SUCH ELECTION
 DISTRICT.
   2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE NEW  YORK
 CITY  BOARD  OF  ELECTIONS SHALL, AT A MINIMUM, PROVIDE INTERPRETERS FOR
 ALL LANGUAGES  THAT  ARE  DESIGNATED  CITY-WIDE  LANGUAGES  PURSUANT  TO
 SECTION  23-1101  OF  THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK AT
 ALL POLL SITES THAT CONTAIN AN ELECTION DISTRICT  WITH  AT  LEAST  FIFTY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08999-02-9

 S. 4036                             2
 
 VOTING  AGE  RESIDENTS  WHOSE  LIMITED ENGLISH PROFICIENCY LANGUAGE IS A
 DESIGNATED CITY-WIDE LANGUAGE. THE VOTING DISTRICTS WITH AT LEAST  FIFTY
 VOTING  AGE  RESIDENTS WITH LIMITED ENGLISH PROFICIENCY SHALL BE MADE BY
 THE  NEW  YORK CITY BOARD OF ELECTIONS BASED UPON THE MOST RECENT UNITED
 STATES CENSUS DATA OR AMERICAN COMMUNITY SERVICE DATA, WHICHEVER IS MORE
 RECENT, AND BEGINNING ON JANUARY FIRST, TWO  THOUSAND  TWENTY-TWO,  SUCH
 DATA  SHALL BE REVIEWED EVERY TWO YEARS. UNLESS AN ELECTION DISTRICT HAS
 AT LEAST FIFTY VOTING AGE RESIDENTS WITH LIMITED ENGLISH PROFICIENCY WHO
 SPEAK A SPECIFIC CITY-WIDE LANGUAGE, AN INTERPRETER FOR  SUCH  CITY-WIDE
 LANGUAGE  SHALL  NOT  BE  REQUIRED  FOR  ANY  POLL SITE IN SUCH ELECTION
 DISTRICT.
   3. ALL INTERPRETERS PROVIDED BY  A  BOARD  OF  ELECTIONS  PURSUANT  TO
 SUBDIVISION  ONE  OR  TWO OF THIS SECTION SHALL BE MADE AVAILABLE TO THE
 PUBLIC INSIDE THE POLL SITE. ANY INTERPRETER WHO ENGAGES IN ANY ACTIVITY
 IN VIOLATION OF SUBDIVISION ONE OF SECTION 8-104 OF THIS  ARTICLE  SHALL
 BE IMMEDIATELY RELIEVED OF HIS OR HER DUTIES AS AN INTERPRETER.
   4.  NOTHING  IN  THIS  SECTION  SHALL  RESTRICT OR PROHIBIT A BOARD OF
 ELECTIONS  FROM  PROVIDING  INTERPRETERS  FOR  LANGUAGES  THAT  ARE  NOT
 REQUIRED PURSUANT TO THIS SECTION.
   5. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES AND REGULATIONS
 THAT  INCLUDE ESTABLISHING STANDARDS FOR THE NUMBER OF INTERPRETERS THAT
 WILL BE REQUIRED AT EACH POLL SITE BASED UPON THE NUMBER OF  VOTING  AGE
 RESIDENTS  IN AN ELECTION DISTRICT WITH LIMITED ENGLISH PROFICIENCY THAT
 SPEAK A SPECIFIC LANGUAGE.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.

co-Sponsors

2019-S4036A - Details

See Assembly Version of this Bill:: A6075
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §8-110, El L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S786, A7467
2023-2024: S7367, A1902

2019-S4036A - Summary

2019-S4036A - Sponsor Memo

                                
 
BILL NUMBER: S4036A

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the election law, in relation to
provision of interpreters at poll sites in certain cities

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will help voters who do not speak English well to be
able to vote.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends the Election Law by adding a new section
8-110. Subdivision one of this new section provides that in each city
with a population of one million or more that city's Board of Elections
shall provide language interpreters for each language that is designated
a city-wide language by the local statutes in that city and for poll
sites in election districts that have at least fifty voting age resi-
dents with limited English proficiency and primarily speak a city-wide
language. The determination regarding which poll locations require

interpreters, is made by the relevant Board of Elections using United
States Census data or American Community Service Data, whichever is more
recent. This determination must be reviewed every 2 years.

Subdivision two of this new section provides that all language inter-
preters provided by a Board of Elections pursuant to subdivision one of
the section, shall be made available to the public inside the poll site.

Subdivision three of this new section provides that each city's Board of
Elections may provide interpreters for languages for which an interpret-
er is not mandated pursuant to this new section.

Subdivision four of this new section provides that the State Board of
Elections shall promulgate rules and regulations to implement this new
section, including a standard for the number of interpreters required at
a poll site based upon the number of voting age residents in an election
district with limited English proficiency that speak a specific
language.

Section two of this bill provides that this act shall take effect on the
first of January next succeeding the date on which it shall have become
a law. Effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized to be made and completed on or before
such effective date.

 
EXISTING LAW:

New bill.

 
JUSTIFICATION:

The right to vote is guaranteed by the United States Constitution.
Originally, the right to vote in the United States was provided only to
property-owning or tax paying Caucasian men. The expansion of voting
rights beyond this group was frequently the result of a long, difficult
fight.

The right to vote is a right that should be cherished and exercised.
Unfortunately, for many, language barriers make it difficult, if not
impossible, to vote. This bill would eliminate communication issues for
many limited English proficiency voters, enabling them to be able to
exercise their right to vote.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.

2019-S4036A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4036--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed  to  be  committed  to the Committee on Elections -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the election law, in relation to provision of interpret-
   ers at poll sites in certain cities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The election law is amended by adding a new section 8-110
 to read as follows:
   § 8-110. BOARD OF ELECTIONS; PROVISION OF INTERPRETERS.   1.  NOTWITH-
 STANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY BOARD OF ELECTIONS IN
 A  CITY  WITH  A  POPULATION OF ONE MILLION OR MORE SHALL, AT A MINIMUM,
 PROVIDE INTERPRETERS FOR ALL LANGUAGES  THAT  ARE  DESIGNATED  CITY-WIDE
 LANGUAGES  PURSUANT TO SECTION 23-1101 OF THE ADMINISTRATIVE CODE OF THE
 CITY OF NEW YORK OR OTHER APPLICABLE STATUTE  AT  ALL  POLL  SITES  THAT
 CONTAIN  AN  ELECTION  DISTRICT WITH AT LEAST FIFTY VOTING AGE RESIDENTS
 WHOSE LIMITED ENGLISH PROFICIENCY LANGUAGE  IS  A  DESIGNATED  CITY-WIDE
 LANGUAGE.  THE VOTING DISTRICTS WITH AT LEAST FIFTY VOTING AGE RESIDENTS
 WITH LIMITED ENGLISH PROFICIENCY SHALL BE MADE BY THE BOARD OF ELECTIONS
 BASED UPON THE MOST RECENT UNITED STATES CENSUS DATA OR AMERICAN  COMMU-
 NITY  SERVICE  DATA,  WHICHEVER IS MORE RECENT, AND BEGINNING ON JANUARY
 FIRST, TWO THOUSAND TWENTY-TWO, SUCH DATA SHALL BE  REVIEWED  EVERY  TWO
 YEARS.  UNLESS  AN ELECTION DISTRICT HAS AT LEAST FIFTY VOTING AGE RESI-
 DENTS WITH LIMITED ENGLISH PROFICIENCY WHO SPEAK  A  SPECIFIC  CITY-WIDE
 LANGUAGE,  AN  INTERPRETER  FOR  SUCH  CITY-WIDE  LANGUAGE  SHALL NOT BE
 REQUIRED FOR ANY POLL SITE IN SUCH ELECTION DISTRICT.
   2. ALL INTERPRETERS PROVIDED BY  A  BOARD  OF  ELECTIONS  PURSUANT  TO
 SUBDIVISION  ONE  OF  THIS SECTION SHALL BE MADE AVAILABLE TO THE PUBLIC
 INSIDE THE POLL SITE. ANY INTERPRETER WHO ENGAGES  IN  ANY  ACTIVITY  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08999-06-9

 S. 4036--A                          2
 
 VIOLATION  OF  SUBDIVISION ONE OF SECTION 8-104 OF THIS ARTICLE SHALL BE
 IMMEDIATELY RELIEVED OF HIS OR HER DUTIES AS AN INTERPRETER.
   3.  NOTHING  IN  THIS  SECTION  SHALL  RESTRICT OR PROHIBIT A BOARD OF
 ELECTIONS  FROM  PROVIDING  INTERPRETERS  FOR  LANGUAGES  THAT  ARE  NOT
 REQUIRED PURSUANT TO THIS SECTION.
   4. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES AND REGULATIONS
 THAT  INCLUDE ESTABLISHING STANDARDS FOR THE NUMBER OF INTERPRETERS THAT
 WILL BE REQUIRED AT EACH POLL SITE BASED UPON THE NUMBER OF  VOTING  AGE
 RESIDENTS  IN AN ELECTION DISTRICT WITH LIMITED ENGLISH PROFICIENCY THAT
 SPEAK A SPECIFIC LANGUAGE.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.

co-Sponsors

2019-S4036B - Details

See Assembly Version of this Bill:: A6075
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §8-110, El L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S786, A7467
2023-2024: S7367, A1902

2019-S4036B - Summary

2019-S4036B - Sponsor Memo

                                
 
BILL NUMBER: S4036B

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the election law, in relation to
provision of interpreters at poll sites in certain cities

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will help voters who do not speak English well to be
able to vote.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends the Election Law by adding a new section
8-110. Subdivision one of this new section provides that in each city
with a population of one million or more that city's Board of Elections
shall provide language interpreters for each language that is designated
a city-wide language by the local statutes in that city and for poll
sites in election districts that have at least fifty voting age resi-
dents with limited English proficiency and primarily speak a city-wide
language. The determination regarding which poll locations require

interpreters, is made by the relevant Board of Elections using United
States Census data or American Community Survey Data, whichever is more
recent.  This determination must be reviewed every 2 years.

Subdivision two of this new section provides that all language inter-
preters provided by a Board of Elections pursuant to subdivision one of
the section, shall be made available to the public inside the poll site.

Subdivision three of this new section provides that each city's Board of
Elections may provide interpreters for languages for which an interpret-
er is not mandated pursuant to this new section.

Subdivision four of this new section provides that the State Board of
Elections shall promulgate rules and regulations to implement this new
section, including a standard for the number of interpreters required at
a poll site based upon the number of voting age residents in an election
district with limited English proficiency that speak a specific
language.

Section two of this bill provides that this act shall take effect on the
first of January next succeeding the date on which it shall have become
a law. Effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized to be made and completed on or before
such effective date.

 
JUSTIFICATION:

The right to vote is guaranteed by the United States Constitution.
Originally, the right to vote in the United States was provided only to
property-owning or tax paying Caucasian men. The expansion of voting
rights beyond this group was frequently the result of a long, difficult
fight.

The right to vote is a right that should be cherished and exercised.
Unfortunately, for many, language barriers make it difficult, if not
impossible, to vote. This bill would eliminate communication issues for

many limited English proficiency voters, enabling them to be able to
exercise their right to vote.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.

2019-S4036B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4036--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2019
                                ___________
 
 Introduced  by Sens. GOUNARDES, MYRIE -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Elections  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- reported favorably from said  commit-
   tee and committed to the Committee on Finance -- committee discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the election law, in relation to provision of interpret-
   ers at poll sites in certain cities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The election law is amended by adding a new section 8-110
 to read as follows:
   § 8-110. BOARD OF ELECTIONS; PROVISION OF INTERPRETERS.   1.  NOTWITH-
 STANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY BOARD OF ELECTIONS IN
 A  CITY  WITH  A  POPULATION OF ONE MILLION OR MORE SHALL, AT A MINIMUM,
 PROVIDE INTERPRETERS FOR ALL LANGUAGES  THAT  ARE  DESIGNATED  CITY-WIDE
 LANGUAGES  PURSUANT TO SECTION 23-1101 OF THE ADMINISTRATIVE CODE OF THE
 CITY OF NEW YORK OR OTHER APPLICABLE STATUTE  AT  ALL  POLL  SITES  THAT
 CONTAIN  AN  ELECTION  DISTRICT WITH AT LEAST FIFTY VOTING AGE RESIDENTS
 WHOSE LIMITED ENGLISH PROFICIENCY LANGUAGE  IS  A  DESIGNATED  CITY-WIDE
 LANGUAGE.  THE VOTING DISTRICTS WITH AT LEAST FIFTY VOTING AGE RESIDENTS
 WITH LIMITED ENGLISH PROFICIENCY SHALL BE MADE BY THE BOARD OF ELECTIONS
 BASED UPON THE MOST RECENT UNITED STATES CENSUS DATA OR AMERICAN  COMMU-
 NITY  SURVEY  DATA,  WHICHEVER  IS MORE RECENT, AND BEGINNING ON JANUARY
 FIRST, TWO THOUSAND TWENTY-TWO, SUCH DATA SHALL BE  REVIEWED  EVERY  TWO
 YEARS.  UNLESS  AN ELECTION DISTRICT HAS AT LEAST FIFTY VOTING AGE RESI-
 DENTS WITH LIMITED ENGLISH PROFICIENCY WHO SPEAK  A  SPECIFIC  CITY-WIDE
 LANGUAGE,  AN  INTERPRETER  FOR  SUCH  CITY-WIDE  LANGUAGE  SHALL NOT BE
 REQUIRED FOR ANY POLL SITE IN SUCH ELECTION DISTRICT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08999-08-9

 S. 4036--B                          2
 
   2. ALL INTERPRETERS PROVIDED BY  A  BOARD  OF  ELECTIONS  PURSUANT  TO
 SUBDIVISION  ONE  OF  THIS SECTION SHALL BE MADE AVAILABLE TO THE PUBLIC
 INSIDE THE POLL SITE. ANY INTERPRETER WHO ENGAGES  IN  ANY  ACTIVITY  IN
 VIOLATION  OF  SUBDIVISION ONE OF SECTION 8-104 OF THIS ARTICLE SHALL BE
 IMMEDIATELY RELIEVED OF HIS OR HER DUTIES AS AN INTERPRETER.
   3.  NOTHING  IN  THIS  SECTION  SHALL  RESTRICT OR PROHIBIT A BOARD OF
 ELECTIONS  FROM  PROVIDING  INTERPRETERS  FOR  LANGUAGES  THAT  ARE  NOT
 REQUIRED PURSUANT TO THIS SECTION.
   4. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES AND REGULATIONS
 THAT  INCLUDE ESTABLISHING STANDARDS FOR THE NUMBER OF INTERPRETERS THAT
 WILL BE REQUIRED AT EACH POLL SITE BASED UPON THE NUMBER OF  VOTING  AGE
 RESIDENTS  IN AN ELECTION DISTRICT WITH LIMITED ENGLISH PROFICIENCY THAT
 SPEAK A SPECIFIC LANGUAGE.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.

co-Sponsors

2019-S4036C (ACTIVE) - Details

See Assembly Version of this Bill:: A6075
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §8-110, El L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S786, A7467
2023-2024: S7367, A1902

2019-S4036C (ACTIVE) - Summary

2019-S4036C (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4036C

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the election law, in relation to
provision of interpreters at poll sites in certain cities

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will help voters who do not speak English well to be
able to vote.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends the Election Law by adding a new section
8-110. Subdivision one of this new section provides that in each city
with a population of one million or more that city's Board of Elections,
in consultation with the executive office of that city with a population
of one million or more, shall provide language interpreters for each
language that is designated a city-wide language by the local statutes
in that city and for poll sites in election districts that have at least
fifty voting age residents with limited English proficiency and primari-

ly speak a city-wide language. The determination regarding which poll
locations require interpreters, is made by the relevant Board of
Elections using United States Census data or American Community Survey
Data, whichever is more recent. This determination must be reviewed
every 2 years.

Subdivision two of this new section provides that all language inter-
preters provided by a Board of Elections pursuant to subdivision one of
the section, shall be made available to the public inside the poll site.

Subdivision three of this new section provides that each city's Board of
Elections may provide interpreters for languages for which an interpret-
er is not mandated pursuant to this new section.

Subdivision four of this new section provides that the State Board of
Elections shall promulgate rules and regulations to implement this new
section, including a standard for the number of interpreters required at
a poll site based upon the number of voting age residents in an election
district with limited English proficiency that speak a specific
language.

Section two of this bill provides that this act shall take effect on the
first of January next succeeding the date on which it shall have become
a law. Effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized to be made and completed on or before
such effective date.

 
JUSTIFICATION:

The right to vote is guaranteed by the United States Constitution.
Originally, the right to vote in the United States was provided only to
property-owning or tax paying Caucasian men. The expansion of voting
rights beyond this group was frequently the result of a long, difficult
fight.

The right to vote is a right that should be cherished and exercised.
Unfortunately, for many, language barriers make it difficult, if not
impossible, to vote. This bill would eliminate communication issues for
many limited English proficiency voters, enabling them to be able to
exercise their right to vote.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined  
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.

2019-S4036C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4036--C
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2019
                                ___________
 
 Introduced  by Sens. GOUNARDES, MYRIE -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Elections  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- reported favorably from said  commit-
   tee and committed to the Committee on Finance -- committee discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN ACT to amend the election law, in relation to provision of interpret-
   ers at poll sites in certain cities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The election law is amended by adding a new  section  8-110
 to read as follows:
   § 8-110. BOARD OF ELECTIONS, IN CONSULTATION WITH THE EXECUTIVE OFFICE
 OF  ANY  CITY  WITH  A  POPULATION  OF ONE MILLION OR MORE; PROVISION OF
 INTERPRETERS. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO  THE  CONTRARY,
 ANY  BOARD  OF  ELECTIONS  IN A CITY WITH A POPULATION OF ONE MILLION OR
 MORE SHALL, AT A MINIMUM, PROVIDE INTERPRETERS FOR  ALL  LANGUAGES  THAT
 ARE  DESIGNATED  CITY-WIDE  LANGUAGES PURSUANT TO SECTION 23-1101 OF THE
 ADMINISTRATIVE CODE OF THE CITY OF NEW YORK OR OTHER APPLICABLE  STATUTE
 AT  ALL POLL SITES THAT CONTAIN AN ELECTION DISTRICT WITH AT LEAST FIFTY
 VOTING AGE RESIDENTS WHOSE LIMITED ENGLISH  PROFICIENCY  LANGUAGE  IS  A
 DESIGNATED  CITY-WIDE LANGUAGE. THE VOTING DISTRICTS WITH AT LEAST FIFTY
 VOTING AGE RESIDENTS WITH LIMITED ENGLISH PROFICIENCY SHALL BE  MADE  BY
 THE  BOARD  OF ELECTIONS BASED UPON THE MOST RECENT UNITED STATES CENSUS
 DATA OR AMERICAN COMMUNITY SURVEY DATA, WHICHEVER IS  MORE  RECENT,  AND
 BEGINNING  ON JANUARY FIRST, TWO THOUSAND TWENTY-TWO, SUCH DATA SHALL BE
 REVIEWED EVERY TWO YEARS. UNLESS AN ELECTION DISTRICT HAS AT LEAST FIFTY
 VOTING AGE RESIDENTS  WITH  LIMITED  ENGLISH  PROFICIENCY  WHO  SPEAK  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08999-12-9

 S. 4036--C                          2
 
 SPECIFIC  CITY-WIDE LANGUAGE, AN INTERPRETER FOR SUCH CITY-WIDE LANGUAGE
 SHALL NOT BE REQUIRED FOR ANY POLL SITE IN SUCH ELECTION DISTRICT.
   2.  ALL  INTERPRETERS  PROVIDED  BY  A  BOARD OF ELECTIONS PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION SHALL BE MADE AVAILABLE  TO  THE  PUBLIC
 INSIDE  THE  POLL  SITE.  ANY INTERPRETER WHO ENGAGES IN ANY ACTIVITY IN
 VIOLATION OF SUBDIVISION ONE OF SECTION 8-104 OF THIS ARTICLE  SHALL  BE
 IMMEDIATELY RELIEVED OF HIS OR HER DUTIES AS AN INTERPRETER.
   3.  NOTHING  IN  THIS  SECTION  SHALL  RESTRICT OR PROHIBIT A BOARD OF
 ELECTIONS  FROM  PROVIDING  INTERPRETERS  FOR  LANGUAGES  THAT  ARE  NOT
 REQUIRED PURSUANT TO THIS SECTION.
   4. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES AND REGULATIONS
 THAT  INCLUDE ESTABLISHING STANDARDS FOR THE NUMBER OF INTERPRETERS THAT
 WILL BE REQUIRED AT EACH POLL SITE BASED UPON THE NUMBER OF  VOTING  AGE
 RESIDENTS  IN AN ELECTION DISTRICT WITH LIMITED ENGLISH PROFICIENCY THAT
 SPEAK A SPECIFIC LANGUAGE.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.

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Senate Bill S4036C

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

May 21, 2019 - Elections Committee Vote

Elections Committee Vote: May 21, 2019

Bill Amendments

2019-S4036 - Details

2019-S4036 - Summary

2019-S4036 - Sponsor Memo

2019-S4036 - Bill Text download pdf

co-Sponsors

2019-S4036A - Details

2019-S4036A - Summary

2019-S4036A - Sponsor Memo

2019-S4036A - Bill Text download pdf

co-Sponsors

2019-S4036B - Details

2019-S4036B - Summary

2019-S4036B - Sponsor Memo

2019-S4036B - Bill Text download pdf

co-Sponsors

2019-S4036C (ACTIVE) - Details

2019-S4036C (ACTIVE) - Summary

2019-S4036C (ACTIVE) - Sponsor Memo

2019-S4036C (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4036C

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Sponsored By

Andrew Gounardes

Archive: Last Bill Status - In Senate Committee Elections Committee

Bill Amendments

2019-S4036 - Details

2019-S4036 - Summary

2019-S4036 - Sponsor Memo

2019-S4036 - Bill Text download pdf

co-Sponsors

Zellnor Myrie

2019-S4036A - Details

2019-S4036A - Summary

2019-S4036A - Sponsor Memo

2019-S4036A - Bill Text download pdf

co-Sponsors

Zellnor Myrie

2019-S4036B - Details

2019-S4036B - Summary

2019-S4036B - Sponsor Memo

2019-S4036B - Bill Text download pdf

co-Sponsors

Zellnor Myrie

2019-S4036C (ACTIVE) - Details

2019-S4036C (ACTIVE) - Summary

2019-S4036C (ACTIVE) - Sponsor Memo

2019-S4036C (ACTIVE) - Bill Text download pdf

Comments