BILL NUMBER: S786

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the election law, in relation to provision of interpret-
ers at poll sites in certain cities

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure language access at the polls for English language learners

 
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 each County
Board of Elections (CBOE) shall provide interpreters for each of the six
most common languages spoken by individuals with limited English profi-
ciency 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 individ-
uals 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 citywide pursuant to section 23-1101
of the New York City Administrative Code. In election districts where at
least 50 voting age limited English proficiency residents speak one of
the citywide languages, the NYCBOE shall provide an interpreter at each
poll place in the election district.  The determination 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 two years. Currently,
the citywide languages are: Arabic, Bengali, Chinese, French, Haitian
Creole, Italian, Korean, Polish, Russian, Spanish, and Urdu.  Subdivi-
sion three of this new section provides that interpreters shall be
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 taxpaying 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 yet
for too 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 exercise their right to
vote.

 
PRIOR LEGISLATIVE HISTORY:

2020: S4036C - Referred to Elections

2019: S4036C - Committed to Finance

 
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.