(1) The secretary of state shall establish a multilingual ballot hotline to provide access to a qualified translator or interpreter in each of the languages in the state that has at least two thousand citizens age eighteen years or older who speak English less than very well, as defined by the United States bureau of the census American community survey or comparable census data, and who speak a shared minority language at home, and in any additional languages the secretary determines by rule is needed to assist electors in translating ballot language. The multilingual ballot hotline shall be established for use during the general election held in November 2022, and for every general election and statewide odd-year election thereafter.
(2) The secretary of state shall provide notice on the secretary's website and shall create signs to be posted by county clerks at all voter service and polling centers to inform electors that the multilingual ballot hotline is available to electors statewide from the first day that domestic ballots for statewide general and coordinated elections are mailed to electors through election day. The multilingual ballot hotline must be available anytime a voter visits a voter service and polling center during that center's hours of public operation. The multilingual ballot hotline must be available to all other voters between 8 a.m. and 5 p.m. Monday through Friday beginning the first day that domestic ballots for statewide general and coordinated elections are mailed to electors through the Friday before election day. The hotline must be available to all voters between 7 a.m. and 7 p.m. on the Monday before election day and on election day.
(3) The secretary of state shall ensure that each translator or interpreter who provides translations for the multilingual ballot hotline is a qualified translator or interpreter in the language or languages in which the translator or interpreter provides ballot translation assistance. A qualified translator or interpreter shall provide assistance with translation of ballot language only and shall not provide explanations of or arguments for or against any candidate or question included on the ballot.
(4) The secretary of state shall promulgate rules in accordance with article 4 of title 24 as may be necessary to create and administer the multilingual ballot hotline, including rules regarding hiring or contracting for qualified translators or interpreters to staff the multilingual ballot hotline. The secretary of state may include rules for sharing qualified translator or interpreter resources with other state agencies.
Source: L. 2021: Entire part added, (HB 21-1011), ch. 366, p. 2410, � 1, effective June 28.
1-5-905. Multilingual ballot access - general provisions - requirements of secretary of state - county clerks. (1) A county clerk is required to provide multilingual ballot access by creating a minority language sample ballot pursuant to section 1-5-906 and providing an in-person minority language ballot pursuant to section 1-5-907 if:
(a) The county has at least two thousand citizens age eighteen years or older who speak English less than very well, as defined by the United States bureau of the census American community survey or comparable census data, and who speak a shared minority language at home; or
(b) At least two and one-half percent of citizens in the county age eighteen years or older speak English less than very well, as defined by the United States bureau of the census American community survey or comparable census data, and speak a shared minority language at home.
(2) The secretary of state shall determine which counties in the state are required to provide multilingual ballot access and, therefore, are required to create a minority language sample ballot pursuant to section 1-5-906 and provide an in-person minority language ballot pursuant to section 1-5-907. The secretary of state shall make such determination based on information provided in the most recent five-year estimates specified in the United States bureau of the census American community survey or comparable census data. The secretary of state shall notify the county clerk of any county that is required to provide a minority language sample ballot pursuant to section 1-5-906 and provide an in-person minority language ballot pursuant to section 1-5-907 on or before January 5, 2022, and on or before January 5 of each even year thereafter. In addition, on or before January 5, 2022, and on or before January 5 of each even year thereafter, the secretary of state shall post a list on the secretary's website of all counties that are required to provide a minority language sample ballot pursuant to section 1-5-906 and provide an in-person minority language ballot pursuant to section 1-5-907.
(3) Legislative council staff shall provide to the secretary of state a translation of all statewide ballot questions or issues that will appear on the ballot in every language in which a minority language sample ballot must be provided in the state. The secretary of state shall provide each county clerk that is subject to this part 9 with a translation in the applicable language of all content that is certified to the county clerks by the secretary of state. The county clerk of each county shall use the translation provided by the secretary of state in creating the minority language sample ballot and in providing the in-person minority language ballot for his or her county.
Source: L. 2021: Entire part added, (HB 21-1011), ch. 366, p. 2411, � 1, effective June 28.