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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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