
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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


(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.

(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

    This section is referred to in sections 1973aa-2. 1973aa-3 of this 
title.
