S T A T E O F N E W Y O R K
________________________________________________________________________
6075
2019-2020 Regular Sessions
I N A S S E M B L Y
February 26, 2019
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Introduced by M. of A. BICHOTTE, CYMBROWITZ -- 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 certain poll sites
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. BOARDS OF ELECTIONS; PROVISION OF INTERPRETERS. 1. NOTWITH-
STANDING ANY PROVISION OF LAW TO THE CONTRARY, THE BOARD OF ELECTIONS
FOR EACH COUNTY SHALL, AT A MINIMUM, PROVIDE AT LEAST ONE INTERPRETER
FOR EACH OF THE SIX MOST COMMON LANGUAGES SPOKEN BY INDIVIDUALS WITH
LIMITED ENGLISH PROFICIENCY RESIDING IN SUCH COUNTY AT ALL POLL SITES
THAT CONTAIN AN ELECTION DISTRICT WITH AT LEAST FIFTY VOTING AGE RESI-
DENTS WITH LIMITED ENGLISH PROFICIENCY. THE SIX MOST COMMON LIMITED
ENGLISH PROFICIENCY LANGUAGES, AS WELL AS THE VOTING DISTRICTS WITH AT
LEAST FIFTY VOTING AGE RESIDENTS WITH LIMITED ENGLISH PROFICIENCY, SHALL
BE DETERMINED BY THE BOARD OF ELECTIONS BASED UPON THE MOST RECENT
UNITED STATES CENSUS DATA OR AMERICAN COMMUNITY SERVICE DATA, WHICHEVER
IS MORE RECENT, AND BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-TWO,
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 ONE OF THE SIX COMMON LANGUAGES SPOKEN BY INDIVIDUALS WITH
LIMITED ENGLISH PROFICIENCY RESIDING IN SUCH COUNTY, AN INTERPRETER FOR
SUCH LANGUAGE SHALL NOT BE REQUIRED FOR ANY POLL SITE IN SUCH ELECTION
DISTRICT.
2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE NEW YORK
CITY BOARD OF ELECTIONS 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 AT
ALL POLL SITES THAT CONTAIN AN ELECTION DISTRICT WITH AT LEAST FIFTY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08999-02-9
A. 6075 2
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 NEW YORK CITY BOARD OF ELECTIONS BASED UPON THE MOST RECENT UNITED
STATES CENSUS DATA OR AMERICAN COMMUNITY SERVICE DATA, WHICHEVER IS MORE
RECENT, AND BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-TWO, 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.
3. ALL INTERPRETERS PROVIDED BY A BOARD OF ELECTIONS PURSUANT TO
SUBDIVISION ONE OR TWO 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.
4. 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.
5. 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.