S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3942
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M.  of  A.  COLTON,  RIVERA,  WILLIAMS, DE LOS SANTOS --
   Multi-Sponsored by -- M.  of  A.  AUBRY,  GUNTHER  --  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.
   § 2. The election law is amended by adding a new section 3-505 to read
 as follows:
   § 3-505. BILINGUAL VOTING MATERIALS REQUIREMENT. 1. GENERALLY.  BEFORE
 AUGUST SIXTH, TWO THOUSAND TWENTY-FIVE, 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.
                                                            LBD05655-01-3
 A. 3942                             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.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.