John R. Lewis Voting Rights Act of New York

Pursuant to Election Law § 17-208, boards of elections and political subdivisions that conduct elections, excluding “special districts as defined by section one hundred two of the real property tax law,” must provide election-related materials in certain languages when the jurisdiction has a population of Limited English Proficient Citizens of Voting Age meeting statutory thresholds. See Election Law § 17-208 (1).

When a language becomes a covered language for the jurisdiction, voting materials must be provided “in the covered language of an equal quality of the corresponding English language materials.” The Election Law specifies these materials include:

• ballots (to be in both the covered language and in English)

• registration or voting notices

• forms

• instructions

• assistance

• other materials or information relating to the electoral process

Election Law § 17-208 provides “a board of election or a political subdivision that administers elections shall provide language-related assistance in voting and elections to a language-minority group in a political subdivision if, based on the data from the American Community Survey, or data of comparable quality….” it is determined that:

(a) More than two percent, but in no instance fewer than three hundred individuals, of the citizens of voting age of a political subdivision are members of a single language-minority group and are limited English proficient.

(b) More than four thousand of the citizens of voting age of such political subdivision are members of a single language-minority group and are limited English proficient.
 

(c) In the case of a political subdivision that contains all or any part of a Native American reservation, more than two percent of the Native American citizens of voting age within the …reservation are members if a single language minority group and are limited English proficient….