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.