[House Report 117-654]
[From the U.S. Government Publishing Office]
117th Congress } { Rept. 117-654
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
EXPANDING THE VOLUNTARY OPPORTUNITIES FOR TRANSLATIONS IN ELECTIONS ACT
_______
December 21, 2022.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Nadler, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 8770]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 8770) to modify certain notice requirements, to
study certain election requirements, to clarify certain
election requirements, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 4
Background and Need for the Legislation.......................... 4
Hearings......................................................... 10
Committee Consideration.......................................... 11
Committee Votes.................................................. 11
Committee Oversight Findings..................................... 15
Committee Estimate of Budgetary Effects.......................... 15
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 15
Duplication of Federal Programs.................................. 17
Performance Goals and Objectives................................. 17
Advisory on Earmarks............................................. 17
Section-by-Section Analysis...................................... 17
Changes in Existing Law Made by the Bill, as Reported............ 18
Committee Correspondence......................................... 22
Minority Views................................................... 24
The amendment is as follows:
Strike all that follows after the enacting clause and insert
the following:
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).
Purpose and Summary
H.R. 8770, the ``Expanding the Voluntary Opportunities for
Translations in Elections Act'' or the ``Expanding the VOTE
Act,'' introduced by Rep. Nikema Williams (D-GA), would amend
Section 203 of the Voting Rights Act of 1965 (``VRA'' or
``Voting Rights Act'' or ``Act'') (52 U.S.C. 10503) to expand
voting access for individuals with limited English-language
proficiency.
Background and Need for the Legislation
A. BACKGROUND
i. Overview of Section 203 of the Voting Rights Act
Congress enacted the Voting Rights Act of 1965 against the
backdrop of violence and intolerance against African Americans
in the South who sought to exercise their constitutional right
to vote.\1\ The VRA was specifically created to eliminate
discrimination in, and barriers to, voting for African
Americans.\2\ However, during the Act's reauthorization in
1975, Congress ``recognized that certain minority citizens who
did not speak English proficiently and who had experienced
historical discrimination were also being systematically
disenfranchised.''\3\ Congress determined that the
disenfranchisement of such minority citizens directly stemmed
from state and local officials' failure to provide equal
educational opportunities, thus resulting in ``high illiteracy
and low voting participation,'' and from the lack of adequate
bilingual assistance at voting polls.\4\
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\1\Terry M. Ao, When The Voting Rights Act Became Un-American: The
Misguided Vilification of Section 203, 58 Ala. L. Rev. 377, 379 (2006).
\2\Id.
\3\Id.
\4\S. Rep. No. 94-295 at 28, reprinted in 1975 U.S.C.C.A.N. at 794;
see also 42 U.S.C. Sec. 1973aa-1a(a) (``The Congress finds that,
through the use of various practices and procedures, citizens of
language minorities have been effectively excluded from participation
in the electoral process. Among other factors, the denial of the right
to vote of such minority citizens is ordinarily directly related to the
unequal educational opportunities afforded them, resulting in high
illiteracy and low voting participation. The Congress declares that, in
order to enforce the guarantees of the fourteenth and fifteenth
amendments to the United States Constitution, it is necessary to
eliminate such discrimination by prohibiting these practices, and by
prescribing other remedial devices.'').
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In response, Congress enacted section 203 of the VRA under
the enforcement sections of the Fourteenth and Fifteenth
Amendments to remedy depressed voter participation among
language minorities.\5\ In so doing, Congress sought to remove
language barriers to voting and to ensure that every American,
regardless of their English proficiency, had a full and
meaningful opportunity to participate in the electoral
process.\6\
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\5\42 U.S.C. Sec. 1973aa-1a(a).
\6\See James Thomas Tucker, Enfranchising Language Minority
Citizens: The Bilingual Election Provisions of the Voting Rights Act,
10 N.Y.U. J. Legis. & Pub. Pol'y 195 (2006).
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a. Determining Coverage Under Section 203
A state or political subdivision subject to section 203 is
prohibited from providing English-only ``voting materials'' in
any election.\7\ The Director of the Census Bureau determines
which jurisdictions are subject to section 203 based on a
coverage formula that is updated every five years in accordance
with the most current American Community Survey (ACS) Census
data.\8\ The Director's determinations are not reviewable in
court and take effect upon publication in the Federal
Register.\9\
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\7\42 U.S.C. Sec. 1973aa-1a(b)(3)(A) (defining ``voting
materials''), see 42 U.S.C. Sec. 1973aa-1a(b)(1); see also 42 U.S.C.
Sec. 19731(c)(1) (describing types of elections covered by Section
203); 28 C.F.R. Sec. 55.10 (2006) (same).
\8\42 U.S.C. Sec. 1973aa-1a(b)(2)(A).
\9\See 52 U.S.C. Sec. 10503(b)(4).
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Under the coverage formula, two criteria must be satisfied
before section 203 is triggered in a given state or political
subdivision. First, limited English proficient (LEP) citizens
of voting-age in a single protected language group must: (a)
number more than 10,000 people; (b) comprise more than five
percent of all voting-age citizens; or (c) comprise more than
five percent of all American Indian or Alaskan Native voting-
age citizens of a single language group residing on an Indian
reservation.\10\ An individual is considered LEP if he or she
is ``unable to speak or understand English adequately enough to
participate in the electoral process.''\11\ Second, the
illiteracy rate of the voting-age citizens of the LEP group
satisfying the population threshold must exceed the national
illiteracy rate.\12\
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\10\See 42 U.S.C. Sec. 1973aa-1a(b)(2)(A)(i).
\11\42 U.S.C. Sec. 1973aa-1a(b)(3)(B).
\12\Sec. 1973aa-1a(b)(2)(A)(ii). ``Illiteracy'' means ``the failure
to complete the 5th primary grade.'' 42 U.S.C. Sec. 1973aa-1a(b)(3)(E).
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b. Requirements for Covered Jurisdictions Under Section 203
Unlike other sections of the VRA, which prohibit
conduct,\13\ section 203 establishes affirmative duties.
Covered jurisdictions are required to provide ``any
registration or voting notices, forms, instructions,
assistance, or other materials or information relating to the
electoral process, including ballots'' in written translations
of the covered language if such materials are provided in
English.\14\ Importantly, section 203 does not mandate that
voting materials ``be provided in the written language of all
the language minorities and sub-groups that triggered
coverage.''\15\ Instead, the covered jurisdiction need only
furnish written language materials or oral assistance based
upon the actual needs of the relevant language minority groups
or sub-groups.\16\ If, for example, the covered language is
oral or unwritten, then the covered jurisdiction ``is only
required to furnish oral instructions, assistance, or other
information relating to registration and voting.''\17\
Ultimately, the jurisdiction conducting the election is
responsible for deciding the specific materials to be provided
in a minority language. Additionally, covered jurisdictions
must provide ``language assistance at polling places where it
is needed on Election Day.''\18\
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\13\42 U.S.C. Sec. 1973(a) (Section 2 of the VRA prohibits any
voting practice that results in a ``denial or abridgment of the right .
. . to vote on account of race or color'').
\14\42 U.S.C. Sec. 1973aa-1a(c).
\15\James Thomas Tucker, Enfranchising Language Minority Citizens:
The Bilingual Election Provisions of the Voting Rights Act, 10 N.Y.U.
J. Legis. & Pub. Pol'y 195, 217 (2006).
\16\See 28 C.F.R. Sec. 55.19(a) (2006).
\17\42 U.S.C. Sec. 1973aa-1a(c). (``[W]here the language of the
applicable minority group is oral or unwritten or in the case of
Alaskan natives and American Indians, if the predominant language is
historically unwritten, the State or political subdivision is only
required to furnish oral instructions, assistance, or other information
relating to registration and voting.'').
\18\James Tucker, The Battle Over ``Bilingual Ballots Shifts to the
Courts: A Post-Boerne Assessment of Section 203 of the Voting Rights
Act, 45 Harv. J. on Legis. 508, 509 (2008), See 42 U.S.C. Sec. 1973aa-
1a(c) (2000); 28 C.F.R. Sec. 55.20 (2007).
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ii. Jurisdictions Covered Under Section 203
Section 203 applies only to Spanish-Hispanic, Alaska
Native, Native American, and Asian-American languages.\19\ On
December 8, 2021, the Acting Director of the U.S. Census Bureau
issued the most recent notice of determination identifying
jurisdictions subject to section 203's bilingual election
requirements.\20\ The determinations relied upon data from the
2015-2019 ACS 5-year estimates.\21\
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\19\See Voting Rights Act Amendments of 2006, Determinations Under
Section 203, 86 Fed. Reg. 69,611 (Dec. 8, 2021) (to be codified at 28
C.F.R. pt. 55).
\20\Id.
\21\United States Census Bureau, Census Bureau Releases 2021
Determinations for Section 203 of the Voting Rights Act (Dec. 8, 2021),
https://www.census.gov/newsroom/press-releases/2021/section-203-voting-
rights-act.html.
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a. Number of Section 203 Jurisdictions\22\
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\22\```Where a political subdivision (e.g., a county) is determined
to be subject to' the language assistance provisions of the Voting
Rights Act, `all political units that hold elections within that
political subdivision (e.g., cities, school districts) are subject to
the same requirements as the political subdivision.' 28 C.F.R.
Sec. 55.9. Therefore, the number of jurisdictions covered by Section
203 does not include the total number of jurisdictions that must
provide language assistance in voting. The actual number of `political
units' covered by Section 203 is likely many times greater.'' See
Lawyers' Committee for Civil Rights Under Law, et al., Voting Rights
Act News Alert: Acting Census Director Identifies Jurisdictions that
Must Provide Language Assistance under Section 203 of Voting Rights Act
(Dec. 8, 2021), https://www.lawyerscommittee.org/wp-content/uploads/
2021/12/Section-203-coverage-determinations_Dec-2021_Draft_1245-pm-PT-
LCJ.pdf.
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A total of 331 political subdivisions--an increase of 68
jurisdictions from the 2016 determination--are now covered by
section 203, with 19 states having more covered political
subdivisions than in 2016.\23\ Coverage was also extended to
political subdivisions in Minnesota and Ohio.\24\ The number of
states covered in whole or in part by section 203 increased
from 29 to 30 states, with all previous states from the 2016
determination continuing to be covered, except for Iowa.\25\
Three states--California, Florida, and Texas for Spanish--
continue to be covered in their entirety.\26\ Los Angeles
County, California, continues to be required to provide
assistance in six languages,\27\ the most out of any political
subdivision or state.\28\
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\23\United States Census Bureau, Census Bureau Releases 2021
Determinations for Section 203 of the Voting Rights Act (Dec. 8, 2021),
https://www.census.gov/newsroom/press-releases/2021/section-203-voting-
rights-act.html. ``The 331 covered jurisdictions make up 4.1% of the
2,920 counties and 5,120 minor civil divisions that constitute the
political subdivisions in the United States that were calculated for
the Section 203 determinations.'' Id.
\24\Id.
\25\Id.
\26\Lawyers' Committee For Civil Rights Under Law, et al., Voting
Rights Act News Alert: Acting Census Director Identifies Jurisdictions
that Must Provide Language Assistance under Section 203 of Voting
Rights Act (Dec. 8, 2021), https://www.lawyerscommittee.org/wp-content/
uploads/2021/12/Section-203-coverage-determinations_Dec-
2021_Draft_1245-pm-PT-LCJ.pdf.
\27\These languages include Cambodian, Chinese, Filipino, Korean,
Spanish, and Vietnamese. Id.
\28\Id.
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b. Jurisdictions Covered for Spanish under Section 203
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\29\Id.
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California, Florida, and Texas must provide Spanish
language assistance statewide. 232 political subdivisions in 26
states are also required to provide Spanish language
assistance.\30\ Coverage for Spanish was extended to one new
jurisdiction--Cuyahoga County, Ohio--and restored in another--
namely, Salt Lake County, Utah. Spanish coverage was rescinded
in two states: Alaska and Iowa, each of which had just one
county-equivalent jurisdiction covered under the 2016
determinations.\31\
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\30\Id.
\31\Id.
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c. Jurisdictions Covered for Alaska Native and American
Indian Languages
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\32\Id.
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Alaska Native language assistance must be provided in 12
political subdivisions of Alaska.\33\ American Indian language
assistance must be provided in 94 political subdivisions in 12
states.\34\ Coverage for American Indian languages was removed
in California, Connecticut and Iowa, but added to five new
states: Florida, Idaho, Minnesota, Nevada and Wisconsin.
Wisconsin had the largest increase, adding 44 American Indian
reservations.\35\
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\33\Id.
\34\Id.
\35\Id.
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d. Jurisdictions Covered for Asian Languages
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\36\Id.
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Asian language assistance must be provided in 32 political
subdivisions in 14 states.\37\ No states experienced a decrease
in Asian language coverage.\38\ The 2021 determinations
resulted in increased coverage for Chinese, Vietnamese,
Filipino, Bengali, and Hmong.\39\ Coverage for Korean, Asian
Indian, and Cambodian did not change from 2016.\40\
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\37\Id.
\38\Id.
\39\Id.
\40\Id.
\41\Id.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
iii. Enforcement of Section 203
The Department of Justice (DOJ) ``notifies each
jurisdiction that it is covered under section 203, and also
reaches out to the [relevant language] minority communities
to'' notify them of the law.\42\ The DOJ also ``provide[s]
information to covered jurisdictions and answers questions
about compliance plans.''\43\
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\42\Department of Justice, Language Minority Citizens: Section 203
of the Voting Rights Act (March 11, 2020), https://www.justice.gov/crt/
language-minority-citizens.
\43\Id.
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The DOJ is primarily responsible for enforcing section
203's substantive requirements, although private litigants--
typically civil rights organizations--can bring claims.\44\
Litigation under section 203 relates to a failure to provide
election materials for language minorities, or a failure to
provide access to oral language assistance. To succeed in a
section 203 lawsuit, the DOJ or a private plaintiff must
present ``detailed and widespread evidence'' of violations
``reported by location (e.g., neighborhood, county), poll site
and election.''\45\
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\44\See 28 C.F.R. Sec. Sec. 55.2(b), 55.23(a) (2014).
\45\Glenn D. Magpantay, Two Steps Forward, One Step Back, and a
Side Step: Asian Americans and the Federal Help America Vote Act, 10
Asian Pac. Am. L.J. 31, 39 n.73 (2005).
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B. NEED FOR LEGISLATION\46\
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\46\During the markup of H.R. 8770, the Committee rejected an
amendment offered by Rep. Tom McClintock (R-CA). The amendment appears
to have been based on the flawed premise that the bill could allow non-
citizens to vote. As Rep. Sheila Jackson Lee (D-TX) noted in opposing
the amendment, federal law already prohibits non-citizens from voting
in federal elections, and states generally have the right to make their
own rules regarding state and local elections. Although some Members
have claimed that Democrats support allowing non-citizens to vote in
federal elections (see, e.g. https://archive.ph/A01eZ), PolitiFact has
rated that claim to be ``False.'' See Amy Sherman, Instagram post
wrongly says House Democrats voted to support noncitizen voting,
PolitiFact, Sept. 27, 2022, available at https://www.politifact.com/
factchecks/2022/sep/27/instagram-posts/instagram-post-wrongly-says-
house-democrats-voted-/.
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Unfortunately, there is widespread non-compliance with
section 203 in numerous states and localities. According to a
study conducted by Professors James Tucker and Rodolfo Espino,
``in nearly all section 203 covered jurisdictions, public
officials considerably underestimate how many actual voters
need language assistance, and as a result, many jurisdictions
which are covered, do not end up providing the full range of
language assistance.''\47\ For instance, they found that
``among places where Spanish language assistance was required,
only 68.5% of jurisdictions fully complied and provided full
Spanish language assistance, leaving 31.5% to provide limited,
or no language assistance at all, even though they were covered
by Section 203.''\48\ Enforcement actions have, however, proven
to dramatically increase LEP voters' political participation
after the DOJ initiates litigation and the covered jurisdiction
enters into a consent decree. For example, ``a string of DOJ
section 203 enforcement actions in the early 2000s contributed
to an increase of registered Latino voters from 7.6 million to
9.3 million between 2000 and 2004.''\49\
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\47\Voting in America: The Potential for Voter ID Laws, Proof-of-
Citizenship Laws, and Lack of Access to Multi-Lingual Voting Materials
to Interfere with Free and Fair Access to the Ballot: Hearing Before
the Subcomm. on Elections, 117th Cong. (2021), written testimony of Dr.
Matt Barreto at 10.
\48\Id. at 9.
\49\Matthew Higgens, Language Accommodations and Section 203 of the
Voting Rights Act: Reporting Requirements As A Potential Solution to
the Compliance Gap, 67 Stan. L. Rev. 917, 937 (2015).
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H.R. 8770 would further address section 203's compliance
gap by clarifying existing requirements and building upon
section 203 in expanding access to the ballot box by: (1)
empowering local governments with the resources they need to
serve their language minority constituents; (2) incentivizing
non-section 203 jurisdictions to provide language assistance;
(3) increasing accessibility for LEP voters; (4) requiring the
DOJ to provide proactive notification to those jurisdictions
that are on the cusp of triggering section 203's requirements,
and (4) respecting Native American culture and promoting Tribal
sovereignty.
Hearings
For the purposes of clause 3(c)(6)(A) of House rule XIII,
the following hearing was used to develop H.R. 8770:
``Oversight of the Voting Rights Act: The Evolving Landscape of
Voting Discrimination,'' held on April 22, 2021, before the
Subcommittee on the Constitution, Civil Rights, and Civil
Liberties. The Subcommittee heard testimony from the following
witnesses:
The Honorable Julian Castro, Former United
States Secretary of Housing and Urban Development;
Rev. Dr. William J. Barber II, President,
Repairers of the Breach;
Ms. Jacqueline De Leon, Staff Attorney,
Native American Rights Fund; and
The Honorable Mark Robinson, Lieutenant
Governor of North Carolina.
The hearing addressed, among other areas, the challenges
minority communities continue to face when seeking to exercise
their constitutional right to vote, and the importance of
protections for language minorities under section 203 of the
VRA.
Committee Consideration
On September 21, 2022, the Judiciary Committee met in open
session and ordered the bill, H.R. 8770, favorably reported
with an amendment in the nature of a substitute, by a rollcall
vote of 22 to 11, a quorum being present.
Committee Votes
In compliance with clause 3(b) of House rule XIII, the
following rollcall votes occurred during the Committee's
consideration of H.R. 8770:
1. An amendment by Mr. McClintock of California to prohibit
H.R. 8770 from being ``construed to permit any noncitizen to
vote in a Federal election or to encourage or require a State
of political subdivision to permit any noncitizen to vote in a
State or local election'' was defeated by a rollcall vote of 12
to 21. The vote was as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
2. The motion to report H.R. 8770, as amended, favorably
was agreed to by a rollcall vote of 22 to 11. The vote was as
follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Committee Oversight Findings
In compliance with clause 3(c)(1) of House rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of rule X of the Rules of the House of Representatives, are
incorporated in the descriptive portions of this report.
Committee Estimate of Budgetary Effects
Pursuant to clause 3(d)(1) of House rule XIII, the
Committee adopts as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee sets forth,
with respect to the bill, H.R. 8770, the following analysis and
estimate prepared by the Director of the Congressional Budget
Office:
ESTIMATED BUDGETARY EFFECTS AND MANDATES INFORMATION
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Increases
Direct Spending Pay-As-You-Go On-Budget
Bill Number Title Status Last Budget Spending, Revenues, Subject to Procedures Deficits Mandates Contact
Action Function 2023-2032 2023-2032 Appropriation, Apply? Beginning
2023-2027 in 2033?
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
H.R. 8770..................... Expanding the Ordered reported. 09/21/22 800 0 0 Not estimated No No Excluded Matthew
VOTE Act. from UMRA Pickford
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H.R. 8770 would amend the Voting Rights Act to expand voting access for people with limited English proficiency, authorize grants to states to distribute translated voting materials, and
require the Government Accountability Office to study the effect of providing translated voting materials in additional languages. CBO estimates that enacting H.R. 8770 would not affect
direct spending or revenues. The bill would authorize the appropriation of $15 million to carry out the grant program; other provisions of the bill would increase administrative costs not
covered by that authorization. CBO has not estimated the full discretionary costs of implementing the bill. CBO has excluded sections 2 and 3 of H.R. 8770 from review under the Unfunded
Mandates Reform Act because those sections would enforce the constitutional rights of individuals. Other provisions of the bill contain no intergovernmental or private-sector mandates.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House rule XIII, no provision
of H.R. 8770 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
House rule XIII, H.R. 8770 would expand voting access for
individuals with limited English-language proficiency by
amending section 203 of the VRA to support local governments'
ability to address the needs of their constituents no matter
their English proficiency.
Advisory on Earmarks
In accordance with clause 9 of House rule XXI, H.R. 8770
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clause 9(d),
9(e), or 9(f) of House Rule XXI.
Section-by-Section Analysis
Sec. 1. Short title. Section 1 sets forth the title of this
bill, the ``Expanding the Voluntary Opportunities for
Translations in Election Act'' or the ``Expanding the VOTE
Act.''
Sec. 2. Language Minority Notice Requirements. Section 2
amends section 203 of the Voting Rights Act of 1965, 52 U.S.C.
10503, by redesignating subsection ``(e) definitions''' as new
subsection (g) and inserting after subsection (d) the following
new sections.
New subsection (e) requires states providing voting
materials in covered political subdivisions to abide by the
bilingual voting materials requirement of subsection (b) in
section 203 of the Voting Rights Act of 1965, 52 U.S.C. 10503.
As such, the requirement to translate voting materials in
section 203(b) ``appl[ies] to any State that provides voting
materials to a political subdivision subject to such
prohibition.''
New subsection (f) requires the Attorney General to issue a
notice of prohibition, including the trigger threshold at which
such prohibition applies, to each State or political
subdivision that has limited English proficient citizens of
voting-age in a single protected language group below the
10,000 population threshold by not more than 1,000, or below
the 5% population threshold of all voting-age citizens or of
all American Indians or Alaskan Natives voting-age citizens of
a single language group residing on an Indian reservation by
not more than 0.5%.
Sec. 3. Provisions Related to American Indian and Alaska
Native Languages. Section 3 amends subsection (b)(3)(C) of
section 203 of the Voting Rights Act of 1965, 52 U.S.C. 10503,
to clarify that the term ``Indian reservation'' is governed by
the ``most recent'' decennial census by striking ``1990'' and
inserting ``most recent''; and by striking subsection (c) and
inserting the following sections.
Section 3(c)(1) states that absent an exception identified
in section 3(c)(2)(A), covered jurisdictions providing ``any
registration or voting notices, forms, instructions,
assistance, or other materials or information relating to the
electoral process, including ballots . . . shall provide them
in the language of the applicable minority group as well as in
the English language.''
Section 3(c)(2)(A) creates exceptions for when written
American Indian and Alaskan Native translations for voters are
not required. If the Tribal government for the covered language
group notifies the Attorney General that the language is
unwritten or the Tribal government does not want a written
translation, that covered jurisdiction is only required to
furnish ``oral instructions, assistance, translation of voting
materials, or other information relating to registration and
voting.''
Section 3(c)(2)(B) states that for any other minority
groups--other than American Indian or Alaskan Natives--with
unwritten languages, a covered state or political subdivision
``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.''
Section 3(c)(3) mandates that a covered state or political
subdivision, notwithstanding the exceptions in section 3(c)(2),
provide written translations for election workers, with the
consent of any applicable Tribal government, ``to ensure that
the translations from English to the language minority group
are complete, accurate, and uniform.''
Section 3(c)(4) defines ``Tribal government'' as ``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 Jurisdictions. Section 4
provides federal grants, administered by the U.S. Election
Assistance Commission, to assist jurisdictions who want to
voluntarily provide translations of election materials beyond
the requirements of section 203. This section is under the
jurisdiction of the Committee on House Administration.
Sec. 5. Study on Certain Language Minority Notice
Requirements. Section 5(a) directs the Comptroller General of
the United States, in consultation with the Director of the
Census, the Attorney General, and the U.S. Election Assistance
Commission, to conduct a study on the impact of reducing the
threshold requirements for ``covered'' language minority groups
under the population triggers in section 203 of the VRA as well
as expanding that designation to encompass additional non-
English languages. Section 5(b) requires the Comptroller
General to submit the corresponding report to Congress no later
than 1 year after the date of enactment of the Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
VOTING RIGHTS ACT OF 1965
* * * * * * *
TITLE II--SUPPLEMENTAL PROVISIONS
* * * * * * *
bilingual election requirements
Sec. 203. (a) The Congress finds that, through the use of
various practices and procedures, citizens of language
minorities have been effectively excluded from participation in
the electoral process. Among other factors, the denial of the
right to vote of such minority group citizens is ordinarily
directly related to the unequal educational opportunities
afforded them, resulting in high illiteracy and low voting
participation. The Congress declares that, in order to enforce
the guarantees of the fourteenth and fifteenth amendments to
the United States Constitution, it is necessary to eliminate
such discrimination by prohibiting these practices, and by
prescribing other remedial devices.
(b) Bilingual Voting Materials Requirement.--
(1) Generally.--Before August 6, 2032, no covered
State or political subdivision shall provide voting
materials only in the English language.
(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.--The prohibitions of this
subsection do not apply in any political
subdivision that has less than 5 percent voting
age limited-English proficient citizens of each
language minority which comprises over 5
percent of the statewide limited-English
proficient population of voting age citizens,
unless the political subdivision is a covered
political subdivision independently from its
State.
(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] most recent
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.--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) Whenever any State or 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: Provided, That where the language of the
applicable minority group is oral or unwritten or in the case
of Alaskan natives and American Indians, if the predominant
language is historically unwritten, the State or political
subdivision is only required to furnish oral instructions,
assistance, or other information relating to registration and
voting.]
(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).
(d) Any State or 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 State
or political subdivision is equal to or less than the national
illiteracy rate.
(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.
[(e)] (g) For purposes of this section, the term ``language
minorities'' or ``language minority group'' means persons who
are American Indian, Asian American, Alaskan Natives, or of
Spanish heritage.
* * * * * * *
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Minority Views
The Constitution is clear that voting is a fundamental
right in the United States. The 15th Amendment requires that
states ensure that voting is accessible and available to every
American.\1\ This requirement is principally an obligation of
the states, with the Elections Clause of the Constitution
giving state legislatures the authority to prescribe ``[t]he
Times, Places, and Manner of holding Elections.''\2\ The
federal role is limited by design and policies related to
elections are generally best left to the states in our system
of government.
---------------------------------------------------------------------------
\1\See U.S. Const. amend. XV, Sec. 1.
\2\U.S. Const. art. I Sec. 4, cl. 1.
---------------------------------------------------------------------------
Congress stepped in and passed the Voting Rights Act (VRA)
in 1965 to overcome resistance and barriers established in some
Democrat-led states that prevented racial minorities from
exercising their right to vote. However, 2022 is not 1965, and
data from recent elections show that it has never been easier
for eligible Americans to vote. For example, while Democrats
often allege that Georgia's Republican state officials engage
in voter suppression, African Americans in Georgia register to
vote and vote in elections at a greater rate than in the
Democrat-controlled states of Illinois, New York, and
California.\3\ Arizona, a past target for Democrat-aligned
activist litigation for its prohibition on ballot harvesting
and out-of-precinct voting,\4\ has higher voter turnout for
minority groups than neighboring California where ballot
harvesting, out-of-precinct voting, and same-day voter
registration are legal.\5\
---------------------------------------------------------------------------
\3\See, Table 4b, U.S. Dept. of Commerce, Census Bureau, Reported
Voting and Registration, by Sex, Race and Hispanic Origin, for States
(Nov. 2020).
\4\See, e.g., Brnovich v. Democratic National Committee, No. 19-
1257 (S. Ct. Arg. Mar 2, 2021) (challenging Arizona's prohibition of
ballot harvesting and out-of-precinct voting).
\5\See Editorial Board, What Was That About Voter Suppression, Wall
St. J. (May 3, 2021); see also Table 4b, U.S. Dept. of Commerce, Census
Bureau, Reported Voting and Registration, by Sex, Race and Hispanic
Origin, for States (Nov. 2020).
---------------------------------------------------------------------------
Similarly, if the Supreme Court's 2013 decision in Shelby
County v. Holder had ``emboldened states to pass voter
suppression laws,'' as some Democrats like Associate Attorney
General Vanita Gupta have claimed, then the Justice Department
would have accordingly increased its enforcement activity
utilizing authorities of the VRA and other voting rights laws
that were not affected by Shelby County.\6\ In fact, then-
Attorney General Eric Holder announced after the Court issued
its decision in Shelby County that the Department would ``shift
resources to the enforcement of Voting Rights Act provisions
that were not affected by the Supreme Court's ruling--including
Section 2.''\7\ Despite this rhetoric, the Justice Department's
enforcement activity actually decreased in the time since the
Shelby County decision.\8\ According to information from the
Department's Civil Rights Division, it last brought litigation
to enforce the VRA's minority language requirements a decade
ago.\9\
---------------------------------------------------------------------------
\6\Hans A. von Spakovsky, The Myth of Voter Suppression and the
Enforcement Record of the Obama Administration, 49 U. Mem. L. Rev.
1147, 1158 (2019).
\7\Id.
\8\Id.
\9\See Voting Section Litigation, U.S. Department of Justice,
https://www.justice.gov/crt/voting-section-litigation#sec203cases.
---------------------------------------------------------------------------
Despite being mischaracterized and demonized by Democrats,
voting reforms in Republican states have been successful in
making it easier to vote and harder to cheat. One minority
voter in Georgia told the Washington Post that she ``had heard
that [Republicans] were going to try and deter us in any way
possible,'' but when she went to her polling location she
``vote[d] easily . . . [and was] treated with the respect that
I knew I deserved as an American citizen.''\10\ H.R. 8770 would
allocate $15 million in taxpayer money to further inject the
federal government into an area that is best reserved for the
states, and without any documented, extraordinary need for such
action. Congress would better serve the American people by
advancing legislation to tackle inflation and the unprecedented
humanitarian and security crisis at our southern border.
\10\Amy Gardner & Matthew Brown, Voting is surging in Georgia
despite controversial new election law, Wash. Post (May 21, 2022).
Jim Jordan,
Ranking Member.
[all]