S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1902
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Election Law
 
 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-SIX, 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.
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03400-01-3
              

 A. 1902                             2
 
   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.