S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5193--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 6, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections  --  recommitted
  to the Committee on Elections in accordance with Senate Rule 6, sec. 8
  --  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:
  (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.
                                                           LBD06444-02-6
              

S. 5193--A                          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.
  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.