PRIA, Government Policy, Made Personal

Summary

Requires states and local election offices that meet certain Census-based tests to give voting materials in both English and a minority language until at least August 6, 2032. The Census Director uses 2010 American Community Survey data and later 5-year ACS data (or similar data) to decide which places are covered. A place is covered if a single language minority group has either more than 5% of the voting-age citizens or more than 10,000 voting-age citizens (or, for areas with an Indian reservation, more than 5% of American Indian or Alaska Native voting-age citizens on the reservation), and the group's illiteracy rate is higher than the national illiteracy rate. Small local areas with fewer than 5% voting-age limited-English proficient citizens of those language groups are not covered unless they are independently listed. When a covered state or local office gives any registration or voting notices, forms, instructions, help, or ballots, it must provide them in both English and the minority language. If the minority language is oral or traditionally unwritten (such as some Alaskan Native or American Indian languages), only oral help and information are required. The Census Director’s coverage decisions take effect when published in the Federal Register and cannot be reviewed by a court. A covered state or local office can ask a U.S. District Court to allow English-only materials; the court must allow it if the local language group's illiteracy rate is no higher than the national rate. “Voting materials,” “limited-English proficient,” “illiteracy,” “Indian reservation,” and “language minorities” are defined in the law.

Title 52, §10503

Voting and Elections, Source: USLM XML via OLRC

(a)Congressional findings and declaration of policy

The Congress 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 Congress declares that, in order to enforce the guarantees of the fourteenth and fifteenth amendments to the United States Constitution, it is necessary to eliminate such discrimination by prohibiting these practices, and by prescribing other remedial devices.

(b)Bilingual voting materials requirement

(1)Generally

Before August 6, 2032, 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 subsection if the Director of the Census determines, based on the 2010 American Community Survey census data and subsequent American Community Survey data in 5-year increments, or comparable census data, that—

(i)(I)more than 5 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;

(II)more than 10,000 of the citizens of voting age of such political subdivision are members of a single language minority and are limited-English proficient; or

(III)in the case of a political subdivision that contains all or any part of an Indian reservation, more than 5 percent of the American Indian or Alaska Native citizens of voting age within the Indian reservation are members of a single language minority and are limited-English proficient; and

(ii)the illiteracy rate of the citizens in the language minority as a group is higher than the national illiteracy rate.

(B)Exception

The prohibitions of this subsection do not apply in any political subdivision that has less than 5 percent voting age limited-English proficient citizens of each language minority which comprises over 5 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)

(B)the term “limited-English proficient” means unable to speak or understand English adequately enough to participate in the electoral process;

(C)the term “Indian reservation” means any area that is an American Indian or Alaska Native area, as defined by the Census Bureau for the purposes of the 1990 decennial census;

(D)the term “citizens” means citizens of the United States; and

(E)the term “illiteracy” means the failure to complete the 5th primary grade.

(4)Special rule

The determinations of the Director of the Census under this subsection shall be effective upon publication in the Federal Register and shall not be subject to review in any court.

(c)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 subsection (b) 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.

(d)Action for declaratory judgment permitting English-only materials

Any State or political subdivision subject to the prohibition of subsection (b) 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.

(e)Definitions

For purposes of this section, the term “language minorities” or “language minority group” means persons who are American Indian, Asian American, Alaskan Natives, or of Spanish heritage.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 1973aa–1a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2006—Subsec. (b)(1). Pub. L. 109–246, § 7, substituted “2032” for “2007”. Subsec. (b)(2)(A). Pub. L. 109–246, § 8, substituted “the 2010 American Community Survey census data and subsequent American Community Survey data in 5-year increments, or comparable census data” for “census data” in introductory provisions. 1992—Subsec. (b). Pub. L. 102–344 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Prior to

August 6, 1992, no State or political subdivision shall provide registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, only in the English language if the Director of the Census determines (i) that more than 5 percent of the citizens of voting age of such State or political subdivision are members of a single language minority and (ii) that the illiteracy rate of such persons as a group is higher than the national illiteracy rate: Provided, That the prohibitions of this subsection shall not apply in any political subdivision which has less than five percent voting age citizens of each language minority which comprises over five percent of the statewide population of voting age citizens. For purposes of this subsection, illiteracy means the failure to complete the fifth primary grade. The determinations of the Director of the Census under this subsection shall be effective upon publication in the Federal Register and shall not be subject to review in any court.” 1982—Subsec. (b). Pub. L. 97–205, § 4, substituted “Prior to

August 6, 1992” for “Prior to

August 6, 1985”. Subsec. (c). Pub. L. 97–205, § 2(d), inserted “and American Indians” after “Alaskan natives”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1982 AmendmentAmendment by Pub. L. 97–205 effective

June 29, 1982, see section 6 of Pub. L. 97–205, set out as a note under section 10301 of this title. Extension to

August 6, 1992, of Prohibition on Use of Voting Instructions, Assistance, or Other Materials or Information in English Only; Limitations Based on 1980 Census and Subsequent Census Data Pub. L. 97–205, § 4,

June 29, 1982, 96 Stat. 134, provided in part that: “[T]he extension made by this section [amending subsec. (b) of this section] shall apply only to determinations made by the Director of the Census under clause (i) of section 203(b) [subsec. (b)(i) of this section] for members of a single language minority who do not speak or understand English adequately enough to participate in the electoral process when such a determination can be made by the Director of the Census based on the 1980 and subsequent census data.”

§10503 Bilingual Election Requirements