S. 2589 — Expanding the VOTE Act

This section amends the bilingual voting materials requirements of Section 203 of the Voting Rights Act—which mandates non-English voting materials in covered jurisdictions (i.e., those with >5% limited-English proficient citizens of a single language minority, >10,000 such citizens, or >5% on Indian reservations, plus above-average illiteracy rates) through August 6, 2032—as follows: (1) expands the definition of voting materials to include digital and printed materials or information relating to the electoral process, including ballots; (2) applies the prohibition to any state providing voting materials to a covered political subdivision; and (3) requires the Attorney General to notify states or political subdivisions below a coverage threshold by not more than 1,000 citizens (under the 10,000-citizen threshold) or 0.5 percentage points (under the 5% thresholds).

This section further amends Section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503)—which requires jurisdictions with significant language minority populations to provide bilingual voting materials—by (1) replacing the reference to the 1990 census with the most recent census in subsection (b)(3)(C) for coverage determinations; and (2) replacing subsection (c) with new requirements for providing registration and voting materials (including ballots) in the applicable minority language as well as English. The new subsection (c) permits oral-only assistance (i.e., instructions, translation of materials, and other information relating to registration and voting) for American Indian and Alaska Native languages if the tribal government notifies the Attorney General that the language is unwritten or does not want written translations, and the same for other unwritten languages; however, covered jurisdictions must provide written translations of all voting materials to election workers, with applicable tribal government consent, to ensure complete, accurate, and uniform translations. "Tribal government" is defined as the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified in the list published most recently, as of the date of enactment, pursuant to the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131), which requires annual Federal Register publication of the list on or before January 30.

This section establishes an incentive grant program in the Election Assistance Commission authorizing $15 million, available until expended, to reimburse states (including territories) and political subdivisions for reasonable costs of providing voting materials—as defined in Section 203(b)(3) of the Voting Rights Act (VRA, 52 U.S.C. 10503(b)(3))—in the language of a covered language minority group (i.e., members of a single language minority not meeting Section 203(b)(2)(A)(i) or (ii) numerical thresholds of >5% limited-English proficient voting-age citizens or >10,000 such individuals, including those specified in Section 203(g)). (As background, Section 203 requires bilingual voting materials through 2032 in jurisdictions meeting those thresholds to address voting barriers for language minorities due to limited English proficiency and illiteracy.) To receive a grant for one election cycle (i.e., from the day after one federal general election through the next), applicants must submit a plan engaging relevant stakeholders; grantees must certify continued provision in succeeding cycles unless the group's population drops by 0.5% or more, and no repeat grants are permitted for the same group.

This section directs the Comptroller General of the United States, in consultation with the Director of the Census, the Attorney General, and the Election Assistance Commission, to conduct a study on the impact of changes to the bilingual voting materials requirements of section 203(b) of the Voting Rights Act of 1965 (52 U.S.C. 10503(b)). (As background, those requirements apply through August 6, 2032, to covered States and political subdivisions where limited-English proficient citizens of a single language minority exceed 5% of the voting-age population, 10,000 persons, or 5% on Indian reservations—and where illiteracy rates for the group exceed the national rate.) The study must assess the impact of (1) reducing the thresholds under section 203(b)(2)(A)(i)— (A) for subclause (II), to 7,500 and 5,000 (from 10,000), respectively; and (B) for subclauses (I) and (III), to 4 percent, 3 percent, 2.5 percent, and 2 percent (from 5 percent), respectively; and (2) expanding the definition of language minorities to include native speakers of Arabic, French and Haitian Creole, and any other language that the Comptroller General determines to be appropriate. The Comptroller General must submit a report on the study's findings to Congress not later than one year after the date of enactment.