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This entry was published on 2024-02-02
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SECTION 17-208
Assistance for language-minority groups
Election (ELN) CHAPTER 17, ARTICLE 17, TITLE 2
* § 17-208. Assistance for language-minority groups. 1. Political
subdivisions required to provide language assistance. A board of
elections or a political subdivision that administers elections shall
provide language-related assistance in voting and elections to a
language-minority group in a political subdivision if, based on data
from the American community survey, or data of comparable quality
collected by a public office, that:

(a) more than two percent, but in no instance fewer than three hundred
individuals, of the citizens of voting age of a political subdivision
are members of a single language-minority group and are limited English
proficient.

(b) more than four thousand of the citizens of voting age of such
political subdivision are members of a single language-minority group
and are limited English proficient.

(c) in the case of a political subdivision that contains all or any
part of a Native American reservation, more than two percent of the
Native American citizens of voting age within the Native American
reservation are members of a single language-minority group and are
limited English proficient. For the purposes of this paragraph, "Native
American" is defined to include any persons recognized by the United
States census bureau or New York as "American Indian" or "Alaska
Native".

2. Language assistance to be provided. A board of elections or
political subdivision required to provide language assistance to a
particular language-minority group pursuant to this section shall
provide voting materials in the covered language of an equal quality of
the corresponding English language materials, including registration or
voting notices, forms, instructions, assistance, or other materials or
information relating to the electoral process, including ballots. Any
registration or voting notices, forms, instructions, assistance, or
other materials or information relating to the electoral process,
including ballots, in a covered political subdivision, shall be provided
in the language of the applicable language-minority group as well as in
the English language, provided that where the language of the applicable
language-minority group is historically oral or unwritten, the board of
elections or political subdivision shall only be required to furnish
oral instructions, assistance, or other information relating to
registration and voting.

3. Action for declaratory judgment for English-only voting materials.
A board of elections or political subdivision subject to the
requirements of this section which seeks to provide English-only
materials may file an action against the state for a declaratory
judgment permitting such provision. The court shall grant the requested
relief if it finds that the determination was unreasonable or an abuse
of discretion.

4. Standing. Any aggrieved persons, organization whose membership
includes aggrieved persons or members of a protected class, organization
whose mission, in whole or in part, is to ensure voting access and such
mission would be hindered by a violation of this section, or the
attorney general may file an action pursuant to this section in the
supreme court of the county in which the alleged violation of this
section occurred.

5. This section shall not apply to special districts as defined by
section one hundred two of the real property tax law.

* NB Effective June 20, 2025