Laws: Cases and Codes : U.S. Code : Title 42 : Section 1973aa-1a


   
U.S. Code as of: 01/19/04
Section 1973aa-1a. Bilingual election requirements

    (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, 2007, 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 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) 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.
      (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.



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