52 USC 10503 - Bilingual election requirements

U.S Code last checked for updates: Apr 27, 2024

§ 10503.

Bilingual election requirements

(a)

Congressional findings and declaration of policy

(b)

Bilingual voting materials requirement

(1)

Generally

(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 the 2010 American Community Survey census data and subsequent American Community Survey data in 5-year increments, or comparable 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

(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

(c)

Requirement of voting notices, forms, instructions, assistance, or other materials and ballots in minority language

(d)

Action for declaratory judgment permitting English-only materials

(e)

Definitions

(Pub. L. 89–110, title II, § 203, as added Pub. L. 94–73, title III, § 301, Aug. 6, 1975, 89 Stat. 402; amended Pub. L. 97–205, §§ 2(d), 4, June 29, 1982, 96 Stat. 134; Pub. L. 102–344, § 2, Aug. 26, 1992, 106 Stat. 921; Pub. L. 109–246, §§ 7, 8, July 27, 2006, 120 Stat. 581.)

cite as: 52 USC 10503