[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5326 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 5326

   To modify certain notice requirements, to study certain election 
 requirements, to clarify certain election requirements, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 20, 2022

   Ms. Klobuchar (for herself, Ms. Smith, Mr. Lujan, Mr. Wyden, Mr. 
 Murphy, Mr. Padilla, Mr. Merkley, Mr. Bennet, Mr. Whitehouse, and Mr. 
   Sanders) introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
   To modify certain notice requirements, to study certain election 
 requirements, to clarify certain election requirements, 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 ``Expanding the Voluntary 
Opportunities for Translations in Elections Act'' or the ``Expanding 
the VOTE Act''.

SEC. 2. LANGUAGE MINORITY NOTICE REQUIREMENTS.

    Section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503) is 
amended--
            (1) by redesignating subsection (e) as subsection (g); and
            (2) by inserting after subsection (d) the following new 
        subsections:
    ``(e) Responsibility of States Providing Voting Materials in 
Covered Political Subdivisions.--The prohibition under subsection (b) 
shall apply to any State that provides voting materials to a political 
subdivision subject to such prohibition.
    ``(f) Notice.--The Attorney General shall submit a notice of the 
prohibition of subsection (b), and the threshold at which such 
prohibition applies, to each State or political subdivision that is--
            ``(1) below the threshold requirement under subclause (II) 
        of subsection (b)(2)(A)(i) by not more than 1,000; or
            ``(2) below the threshold requirement under subclause (I) 
        or (III) of subsection (b)(2)(A)(i) by not more than 0.5 
        percent.''.

SEC. 3. PROVISIONS RELATED TO AMERICAN INDIAN AND ALASKA NATIVE 
              LANGUAGES.

    Section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503), as 
amended by section 2, is further amended--
            (1) in subsection (b)(3)(C), by striking ``1990'' and 
        inserting ``most recent''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Provision of Voting Materials in the Language of a Minority 
Group.--
            ``(1) In general.--Subject to paragraph (2), whenever any 
        State or political subdivision subject to the prohibition of 
        subsection (b), 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.
            ``(2) Exceptions.--
                    ``(A) When written american indian and alaska 
                native translations for voters are not required.--In 
                the case of a minority group that is American Indian or 
                Alaska Native, if the Tribal government of that 
                minority group has notified the Attorney General that 
                the language is unwritten or the Tribal government does 
                not want a written translation, a State or political 
                subdivision subject to the prohibition of subsection 
                (b) shall only be required to furnish that minority 
                group, in the covered language, oral instructions, 
                assistance, translation of voting materials, and other 
                information relating to registration and voting.
                    ``(B) Other minority groups with unwritten 
                language.--In the case of a minority group that is not 
                American Indian or Alaska Native, if the language of 
                that minority group is unwritten, a State or political 
                subdivision subject to the prohibition of subsection 
                (b) shall only be required to furnish that minority 
                group, in the covered language, oral instructions, 
                assistance, translation of voting materials, and other 
                information relating to registration and voting.
            ``(3) Written translations for election workers.--
        Notwithstanding paragraph (2), a State or political division 
        subject to the prohibition of subsection (b) shall provide 
        written translations of all voting materials, with the consent 
        of any applicable Tribal government, to election workers to 
        ensure that the translations from English to the language of a 
        minority group are complete, accurate, and uniform.
            ``(4) Tribal government defined.--In this subsection, the 
        term `Tribal government' means the recognized governing body of 
        any Indian or Alaska Native Tribe, band, nation, pueblo, 
        village, community, component band, or component reservation, 
        individually identified (including parenthetically) in the list 
        published most recently as of the date of enactment of the 
        Expanding the VOTE Act pursuant to section 104 of the Federally 
        Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).''.

SEC. 4. GRANTS TO JURISDICTIONS TO INCENTIVIZE THE PROVISION OF VOTING 
              MATERIALS IN LANGUAGES NOT TRIGGERING SECTION 203 
              COVERAGE IN APPLYING JURISDICTION.

    (a) Availability of Grants.--
            (1) In general.--The Election Assistance Commission (in 
        this section, referred to as the ``Commission'') shall make 
        incentive grants under subsection (b) to States and political 
        subdivisions to assist the States and political subdivisions in 
        providing voting materials during an election cycle in the 
        language of a covered language minority group.
            (2) Application required.--In order to receive a grant 
        under this section, a State or political subdivision shall 
        submit to the Commission, at such time and in such form as the 
        Commission may require, an application containing such 
        information and assurances as the Commission may require, such 
        as a plan for the State or political subdivision to engage 
        stakeholders with a demonstrated experience of serving the 
        relevant covered language minority group.
    (b) Incentive Grants.--
            (1) Use of funds.--The Commission shall make an incentive 
        grant under this subsection to a State or political subdivision 
        to cover the reasonable costs incurred by the State or 
        political subdivision in providing voting materials in the 
        language of a covered language minority group for an election 
        cycle.
            (2) Continuation of provision of materials for groups in 
        succeeding election cycles.--If a State or political 
        subdivision receives an incentive grant with respect to a 
        covered language minority group for an election cycle, the 
        State or political subdivision will certify to the Commission 
        that the State or political subdivision will continue to 
        provide voting materials in the language of that covered 
        language minority group for each succeeding election cycle 
        unless the population of the group during the succeeding cycle 
        has dropped by 0.5 percent or more from the population of the 
        group during the first election cycle for which the State or 
        political subdivision received an incentive grant with respect 
        to the group.
            (3) Prohibiting multiple grants for same language minority 
        group.--If a State or political subdivision receives an 
        incentive grant with respect to a covered language minority 
        group, the State or subdivision may not receive another 
        incentive grant with respect to that same covered language 
        minority group.
    (c) Definitions.--In this section--
            (1) the term ``covered language minority group''--
                    (A) means, with respect to a State or political 
                subdivision, the members of a single language minority 
                who do not meet the requirements of clause (i) or (ii) 
                of section 203(b)(2)(A) of the Voting Rights Act of 
                1965 (52 U.S.C. 10503(b)(2)(A)); and
                    (B) includes the language minorities described in 
                section 203(g) of such Act (52 U.S.C. 10503(g)) and any 
                other language minority;
            (2) the term ``election cycle'' means the period which 
        begins on the day after the date of a regularly scheduled 
        general election for Federal office and which ends on the date 
        of the next regularly scheduled general election for Federal 
        office;
            (3) the term ``State'' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, American Samoa, Guam, and the 
        Commonwealth of the Northern Mariana Islands; and
            (4) the term ``voting materials'' has the meaning given 
        under section 203(b)(3)(A) of the Voting Rights Act of 1065 (52 
        U.S.C. 10503(b)(3)(A)).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $15,000,000, to remain available 
until expended.

SEC. 5. STUDY ON CERTAIN LANGUAGE MINORITY NOTICE REQUIREMENTS.

    (a) In General.--The Comptroller General of the United States, in 
consultation with the Director of the Census, the Attorney General, and 
the Election Assistance Commission, shall conduct a study on the impact 
of--
            (1) reducing the threshold requirement--
                    (A) under subclause (II) of section 203(b)(2)(A)(i) 
                of the Voting Rights Act of 1965 (52 U.S.C. 
                10503(b)(2)(A)(i)) to 7,500 and 5,000, respectively; 
                and
                    (B) under subclause (I) or (III) of section 
                203(b)(2)(A)(i) of the Voting Rights Act of 1965 (52 
                U.S.C. 10503(b)(2)(A)(i)) to 4 percent, 3 percent, 2.5 
                percent, and 2 percent, respectively; and
            (2) expanding the definition of the term ``language 
        minorities'' to include native speakers of Arabic, French and 
        Haitian Creole, and any other language that the Comptroller 
        General determines to be appropriate.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
Congress a report on the findings of the study conducted under 
subsection (a).
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