Bill Text: MI SB0403 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Elections: voters; language assistance for elections act; create. Creates new act. TIE BAR WITH: SB 0401'23
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced) 2023-06-22 - Referred To Committee On Elections And Ethics [SB0403 Detail]
Download: Michigan-2023-SB0403-Introduced.html
SENATE BILL NO. 403
A bill to provide for language assistance for elections; to provide for the powers and duties of certain state and local governmental officers and entities; and to provide for remedies.
the people of the state of michigan enact:
Sec. 1. This act may be cited as the "language assistance for elections act".
(a) "Limited English proficiency" means an individual who does not speak English as that individual's primary language and who speaks, reads, or understands the English language less than very well, in accordance with United States Census Bureau data or data of comparable quality collected by a governmental entity.
(b) "Local government" means a county, city, township, or any other political subdivision of this state that conducts an election.
Sec. 5. (1) A local government must provide language assistance for elections conducted in that local government if that local government meets any of the following conditions:
(a) Has a voting-eligible population of at least 600 individuals in that local government who speak 1 language other than English and have limited English proficiency.
(b) Has a voting-eligible population of at least 100 individuals in that local government who speak 1 language other than English and have limited English proficiency and also comprise 2.5% or more of the voting-eligible population in the local government.
(c) For a local government that contains all or any part of a Native American reservation, more than 2.5% of the Native American citizens of voting age within the Native American reservation has limited English proficiency. For the purpose of this subdivision, "Native American" includes any individuals recognized by the United States Census Bureau or this state as American Indian or Alaska Native.
(2) On at least a biannual basis, the secretary of state shall post on the department of state's website both of the following based on data made available by the United States Census Bureau, American Community Survey, or data of comparable quality collected by a public office:
(a) A list of each local government that is required under this section to provide language assistance for elections under subsection (1).
(b) A list of each language in which the local governments listed in subdivision (a) are required to provide language assistance for elections.
(3) The director of elections shall provide the information posted on the department of state's website under subsection (2) to the clerk of each local government in this state.
(4) If the secretary of state determines under this section that language assistance for elections must be provided in a local government, that local government must do all of the following:
(a) Provide effective language assistance for elections in each designated language and provide related materials in English, and in each designated language as translated by a certified translator, including registration or voting notices, forms, instructions, assistance, ballots, absent voter ballot applications, signage at polling places, and other materials or information relating to the electoral process.
(b) For a language that is oral or unwritten, including historically unwritten as may be the case for some Native Americans, provide only oral instructions, assistance, or other information relating to the electoral process in that language.
(c) Ensure that all materials provided in a designated language are of an equal quality to the corresponding English materials, ensure that all provided translations convey the intent and essential meaning of the original text or communication and do not rely solely on any automatic translation service, and ensure the accuracy of the translated voting or election materials, including any varying dialects.
(5) If available, language assistance for elections must also include live interpretation. In addition to the other requirements of this section, each local government that meets any of the conditions in subsection (1)(a), (b), or (c) must make a good-faith effort to provide bilingual election inspectors.
(6) The secretary of state must produce electronic copies of any election materials that the secretary of state makes public in each language that has been designated under subsection (1).
(7) Nothing in this section prohibits a local government from voluntarily providing language assistance for elections beyond that language assistance for elections required in this section if the local government determines that language assistance for elections would be beneficial for the limited English proficiency residents in that local government.
(8) This section takes effect June 1, 2025.
Sec. 7. The attorney general, any individual aggrieved by a violation of section 5, any entity whose membership includes individuals aggrieved by a violation of section 5, any entity whose mission would be frustrated by a violation of section 5, or any entity that would expend resources in order to fulfill its mission as a result of a violation of section 5 may file a cause of action in the court of claims.
Sec. 9. (1) In any action brought under section 7, the court has broad authority to order adequate remedies that are tailored to address the violation. Unless otherwise prohibited by law, adequate remedies include, but are not limited to, any of the following:
(a) Adding voting days or hours.
(b) Adding polling places or absent voter ballot drop boxes.
(c) Ordering a special election.
(d) Imposing nominal or compensatory damages.
(e) Imposing punitive damages in the form of a civil fine that must be deposited in the voter education fund created in the state voting rights act.
(f) Any other form of declaratory or injunctive relief that, in the court's judgment, is tailored to address the violation.
(g) Retaining jurisdiction for a period of time the court considers appropriate.
(2) In any action brought under section 7, the court may order a remedy only if the remedy will not impair the ability of limited English proficiency electors to participate in the political process and elect the limited English proficiency elector's preferred candidates, or otherwise influence the outcome of elections.
(3) In any action brought under section 7, the court shall consider remedies proposed by any parties and interested nonparties and shall not provide deference or priority to a proposed remedy offered by the defendant or the local government simply because the remedy has been proposed by the defendant or the local government.
(4) In any action brought under section 7, the court has the authority to order remedies that may be inconsistent with other provisions of state or local law, when the inconsistent provisions of law would otherwise preclude the court from ordering an adequate remedy.
Sec. 11. In any action brought under section 7, the court shall award reasonable attorney fees and litigation costs, including expert witness fees and expenses, to the party, other than this state or a local government, that filed the action and prevailed in the action. The party that filed the action is considered to have prevailed if, as a result of the action, the party against whom the action was filed has yielded some or all of the relief sought in the action. If the party against whom the action was filed prevails in the action, the court shall not award that party any costs unless the court finds the action is frivolous, unreasonable, or without merit.
Sec. 13. Because of the frequency of elections, the severe consequences and irreparable harm of holding elections under unlawful conditions, and the expenditure to defend potentially unlawful conditions that benefit incumbent officials, actions brought under section 7 are subject to expedited pretrial and trial proceedings and must receive an automatic calendar preference. In any action alleging a violation of section 5 in which a plaintiff party seeks preliminary relief with respect to an upcoming election, the court shall grant relief if the court determines that the plaintiffs are more likely than not to succeed on the merits and it is possible to implement an adequate remedy that would resolve the alleged violation in the upcoming election.
Enacting section 1. This act does not take effect unless Senate Bill No. 401 of the 102nd Legislature is enacted into law.
