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From
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[CITE: 42USC1973aa-1a]
Title 42: The Public Health and Welfare
Chapter 20: Elective Franchise
SUBCHAPTER I-B--SUPPLEMENTAL PROVISIONS
Sec. 1973aa-1a. Bilingual election requirements
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(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
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(1)
Generally
Before August 6, 2007, no covered State or political subdivision shall
provide voting materials only in the English language
(2) Covered States and political subdivisions |
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(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 census data, that-- |
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(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 |
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(ii) |
the illiteracy rate of the citizens in the language minority as a
group is higher than the national illiteracy rate |
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(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 |
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(3)
Definitions
As used in this section- |
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(A)
the term ``voting materials'' means registration or voting notices,
forms, instructions, assistance, or other materials or information
relating to the electoral process, including ballots;
(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 |
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(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. |
(Pub. L. 89-110,
title II, Sec. 203, as added Pub. L. 94-73, title III, Sec. 301, Aug.
6, 1975, 89 Stat. 402; amended Pub. L. 97-205, Secs. 2(d), 4, June 29,
1982, 96 Stat. 134; Pub. L. 102-344, Sec. 2, Aug. 26, 1992, 106 Stat.
921.)
Amendments 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, Sec. 4, substituted ``Prior
to August 6, 1992'' for ``Prior to August 6, 1985''
Subsec. (c). Pub. L. 97-205, Sec. 2(d), inserted ``and American Indians''
after ``Alaskan natives''
Effective Date of 1982 Amendment Amendment by Pub. L. 97-205 effective
June 29, 1982, see section 6 of Pub. L. 97-205, set out as a note under
section 1973 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 Section 4 of Pub. L. 97-205
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.'' Section
Referred to in Other Sections
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