[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 764 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 764

To require that ballots used in Federal elections be generally printed 
 only in English and to amend the Voting Rights Act of 1965 to modify 
 the requirement that certain jurisdictions provide ballots and other 
    voting materials in languages other than English, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 28, 2009

  Mr. Heller introduced the following bill; which was referred to the 
Committee on House Administration, and in addition to the Committee on 
   the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To require that ballots used in Federal elections be generally printed 
 only in English and to amend the Voting Rights Act of 1965 to modify 
 the requirement that certain jurisdictions provide ballots and other 
    voting materials in languages other than English, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Elections Act of 2009''.

SEC. 2. REQUIRING BALLOTS USED IN FEDERAL ELECTIONS TO BE PROVIDED ONLY 
              IN ENGLISH LANGUAGE.

    (a) In General.--Subtitle A of title III of the Help America Vote 
Act of 2002 (42 U.S.C. 15481 et seq.) is amended by inserting after 
section 303 the following new section:

``SEC. 303A. REQUIRING BALLOTS USED IN FEDERAL ELECTIONS TO BE PROVIDED 
              ONLY IN ENGLISH LANGUAGE.

    ``(a) In General.--Except to the extent required under section 203 
of the Voting Rights Act of 1965, all ballots and balloting material 
used with respect to an election for Federal office, including all 
voting information described in section 302(b), may be provided only in 
the English language.
    ``(b) Effective Date.--This section shall apply with respect to the 
regularly scheduled general election for Federal office held in 
November 2010 and each succeeding election for Federal office.''.
    (b) Conforming Amendments.--
            (1) Contents of periodic election administration studies.--
        Section 241 of such Act (42 U.S.C. 15381) is amended--
                    (A) in subsection (a)(1)--
                            (i) by striking ``voters, individuals'' and 
                        inserting ``voters and individuals'', and
                            (ii) by striking ``, and voters with 
                        limited proficiency in the English language'';
                    (B) in subsection (b)(5)--
                            (i) by striking ``impaired), Native 
                        American'' and inserting ``impaired) and Native 
                        American'', and
                            (ii) by striking ``, and voters with 
                        limited proficiency in the English language''; 
                        and
                    (C) by striking subsection (b)(14).
            (2) Enforcement of requirement.--Section 401 of such Act 
        (42 U.S.C. 15511) is amended by striking ``and 303'' and 
        inserting ``, 303, and 303A''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 303 the 
following:

``303A. Requiring ballots used in Federal elections to be provided only 
                            in English language.''.

SEC. 3. BILINGUAL ELECTION REQUIREMENTS FOR CERTAIN POLITICAL 
              SUBDIVISIONS WITH POPULATIONS OF AMERICAN INDIANS OR 
              ALASKA NATIVES.

    Section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) 
is amended to read as follows:

 ``bilingual election requirements for certain political subdivisions 
         with populations of american indians or alaska natives

    ``Sec. 203.  (a) Basis for Requirement.--The Congress finds that 
Native American dialect translations should be provided in voting 
materials because the languages of Native Americans and Native Alaskans 
predate the establishment of the United States.
    ``(b) Bilingual Voting Materials Requirement.--
            ``(1) Generally.--Before August 6, 2032, no covered 
        political subdivision of a State shall provide voting materials 
        only in the English language.
            ``(2) Covered political subdivisions.--A political 
        subdivision is a covered 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--
                    ``(A) the political subdivision contains all or any 
                part of an Indian reservation and 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
                    ``(B) the illiteracy rate of the citizens in the 
                language minority as a group is higher than the 
                national illiteracy rate.
            ``(3) Definitions.--As used in this section--
                    ``(A) the term `language minorities' means persons 
                who are American Indian or Alaskan Natives;
                    ``(B) the term `voting materials' means 
                registration or voting notices, forms, instructions, 
                assistance, or other materials or information relating 
                to the electoral process, including ballots;
                    ``(C) the term `limited-English proficient' means 
                unable to speak or understand English adequately enough 
                to participate in the electoral process;
                    ``(D) 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;
                    ``(E) the term `citizens' means citizens of the 
                United States; and
                    ``(F) 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) English and Non-English Versions.--Whenever any 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. However, where the language is historically unwritten, the 
political subdivision is only required to furnish oral instructions, 
assistance, or other information relating to registration and voting.
    ``(d) Declaratory Judgment.--Any 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 political subdivision is equal to or less than the national 
illiteracy rate.''.
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