N.Y. Election Law § 17-208: Assistance for language-minority groups

§ 17-208. Assistance for language-minority groups. 1. Political

subdivisions required to provide language assistance. A board of

elections 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 data

from the American community survey, or data of comparable quality

collected by a public office, 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 Native American

reservation are members of a single language-minority group and are

limited English proficient. For the purposes of this paragraph, "Native

American" is defined to include any persons recognized by the United

States census bureau or New York as "American Indian" or "Alaska

Native".

2. Language assistance to be provided. A board of elections or

political subdivision required to provide language assistance to a

particular language-minority group pursuant to this section shall

provide voting materials in the covered language of an equal quality of

the corresponding English language materials, including registration or

voting notices, forms, instructions, assistance, or other materials or

information relating to the electoral process, including ballots. Any

registration or voting notices, forms, instructions, assistance, or

other materials or information relating to the electoral process,

including ballots, in a covered political subdivision, shall be provided

in the language of the applicable language-minority group as well as in

the English language, provided that where the language of the applicable

language-minority group is historically oral or unwritten, the board of

elections or political subdivision shall only be required to furnish

oral instructions, assistance, or other information relating to

registration and voting.

3. Action for declaratory judgment for English-only voting materials.

A board of elections or political subdivision subject to the

requirements of this section which seeks to provide English-only

materials may file an action against the state for a declaratory

judgment permitting such provision. The court shall grant the requested

relief if it finds that the determination was unreasonable or an abuse

of discretion.

4. Standing. Any aggrieved persons, organization whose membership

includes aggrieved persons or members of a protected class, organization

whose mission, in whole or in part, is to ensure voting access and such

mission would be hindered by a violation of this section, or the

attorney general may file an action pursuant to this section in the

supreme court of the county in which the alleged violation of this

section occurred.

5. This section shall not apply to special districts as defined by

section one hundred two of the real property tax law.