N.Y.
Election Law Section 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. * NB Effective June 20, 2025
Source:
Section 17-208 — Assistance for language-minority groups, https://www.nysenate.gov/legislation/laws/ELN/17-208 (updated Feb. 2, 2024; accessed Oct. 26, 2024).
