NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3730A
SPONSOR: Colton (MS) TITLE OF BILL: An act to amend the election law, in relation to
providing bilingual voting materials
PURPOSE:
To make it necessary for voting materials, which in this context means
registration and voting notices, forms, instruction, assistance, and any
other materials pertaining to the electoral process including ballots,
to be provided in a bilingual manner. The criteria for providing bilin-
gual materials would be the existence of more than five percent of the
citizens of voting age or ten thousand people in an individual political
subdivision who are members of a single language minority and are limit-
ed-English proficient. Those individuals of a political subdivision who
are limited-English proficient would be those members who do not speak
or write English well enough to participate in the electoral process.
The determination of the percentage of individuals who belong to a
single language minority and are limited-English proficient would be in
accordance with the findings of the census.
SUMMARY OF PROVISIONS:
Section 1 of this bill provides the legislative findings, which conclude
that minorities have been effectively excluded from participation in the
electoral process, which can be directly related to the unequal educa-
tional opportunities of single language minorities. The lack of said
opportunities leads to high illiteracy rates and in turn fuels low voter
participation.
Section 2 of this bill amends the Election Law by adding a new section
3-505 which provides for bilingual voting materials.
Section 3 of this bill provides that this act shall take effect on the
first of January next succeeding the date on which it shall have become
a law.
JUSTIFICATION:
Elections are the most efficient means of determining and addressing the
needs of the individuals of a particular community. Since New York State
is so diverse and many individuals are new to our voting system, we must
make sure that all groups have a clear understanding of the voting proc-
ess. With this factor taken into consideration we can ensure that the
voices of all individuals are heard. Providing voting and registration
materials in other languages will clarify any problems encountered by
bilingual individuals. Many bilingual voters are alienated by the voting
process, due to the fact that materials are written only in English.
These voters should have their fair share of representation on voting
day, and should not be denied voting rights simply because they are not
as proficient in English as others in the same community are. If there
is a significant amount of a single-language minority present, either
five percent or ten thousand members of voting age, then all voting
materials should be provided in the respective languages of those
single-language minorities.
LEGISLATIVE HISTORY:
2015: S.1450 - Referred to Elections
FISCAL IMPLICATIONS:
Minimal to the State
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.
