Federal Voting Rights Act-Language Access.
The federal Voting Rights Act requires certain jurisdictions to provide language assistance during elections for citizens who are members of a single language minority group (LMG) and are limited-English proficient, meaning they are unable to speak or understand English well enough to participate in the electoral process, under four circumstances.
States are required to provide language assistance if more than 5 percent of voting-age citizens in the state are members of a LMG and are limited-English proficient and the illiteracy rate, meaning the rate of voting-age citizens in the LMG who have not completed the fifth grade, is higher than the national average.
Political subdivisions are required to provide language assistance if the illiteracy rate of voting-age citizens in the LMG is higher than the national average and:
A single LMG includes persons who are American Indian, Asian American, Alaskan Natives, or of Spanish heritage. Voting materials that must be translated in the language of the applicable LMG include voting notices, ballots, forms, instructions, assistance, or other election materials or information.
The Census Bureau Director is responsible for determining which states and political subdivisions are subject to these language assistance provisions and must publish the designations in the Federal Register. The list of covered jurisdictions is determined using American Community Survey census data and is updated every five years. The designations are not subject to judicial review.
Currently, Washington has four counties required to provide language assistance under the federal program: King County, which provides election info in Chinese, Vietnamese, and Spanish; and Adams, Franklin and Yakima Counties, which provide materials in Spanish.
Future Voters.
A citizen who is at least 16 years old may sign up to register to vote as part of the state's Future Voters Program (Program). Such a person meeting qualifications is automatically registered to vote once they are eligible to vote in the next general election. A 17-year old who signs up to register to vote as part of the Program may vote in a primary election if they will be 18 years old by the general election; such a person would be eligible to be added to the voter rolls before turning 18 years old.
In addition to requirements under the federal program, counties must also provide language assistance during elections when: (1) more than 2.5 percent of voting-age citizens in that county are members of a single LMG; (2) those citizens are limited-English proficient; and (3) the illiteracy rate of voting-age citizens in the LMG is higher than the national average. The definitions of a single LMG, limited-English proficient, and illiteracy rate, and the type of language assistance required, is the same as in federal law.
Additionally, counties that contain all or part of an Indian reservation must provide language assistance during elections if more than 2.5 percent of the American Indian or Alaska Native citizens of voting age within the Indian reservation are members of a LMG and are limited-English proficient, and the illiteracy rate of voting-age citizens in the LMG is higher than the national average.
A pilot program is established to require counties with a population between 125,000 and 225,000, which includes Benton and Skagit counties, to provide language assistance when more than 1.5 percent of voting-age citizens are members of a LMG and are limited-English proficient, and the illiteracy rate of voting-age citizens in the LMG is higher than the national average. Additionally, counties that contain all or part of an Indian reservation must provide language assistance during elections if more than 1.5 percent of the American Indian or Alaska Native citizens of voting age within the Indian reservation are members of a LMG and are limited-English proficient, and the illiteracy rate of voting-age citizens in the LMG is higher than the national average. The pilot program ends on December 31, 2031, and by December 1, 2031, the Secretary of State (SOS) must submit a report to the Legislature and Governor that details the impact to counties and voters from implementation of the pilot program.
For purposes of this act, citizens who are not of voting age but are qualified to register to vote are included in the threshold calculations. Therefore, 17-year-olds participating in the Future Voter Program and who are registered to vote because they will be 18 years old by the general election are included in threshold calculations.
The SOS must, no later than August 1, 2025, determine which counties are subject to the language assistance provisions. The list of covered counties is determined using the American Community Survey and relevant decennial census data and is updated every five years. Counties have one year to reach full compliance. A county's status as a covered jurisdiction remains in effect unless terminated by the SOS. Except in covered counties participating in the pilot program, county auditors may, after five years of their designation, petition for the SOS to terminate the designation if the LMG no longer meets the criteria for assistance.
The SOS must establish a grant program to provide funding to covered jurisdictions to implement the language access requirements.
The act is null and void if specific funding to implement the act is not provided by June 30, 2025, in the omnibus appropriations act.