S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3730--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by  M.  of A. COLTON, CYMBROWITZ, RIVERA, WEINSTEIN, CRESPO,
   WILLIAMS, DE LA ROSA, MOSLEY, BARRON, HARRIS -- Multi-Sponsored by  --
   M.  of  A.    ABBATE,  AUBRY, GUNTHER -- 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.
   § 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  NINETEEN,  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.
                                                            LBD04917-03-8
              

 A. 3730--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.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.