SB 685 — Language Assistance Program (Chapter 277, 2025)
Status: Approved by the Governor (Chapter 277, 2025)
Summary
SB 685 creates a statewide Language Assistance Program requiring the Maryland State Board of Elections (SBE) to identify counties with a significant need for non‑English language assistance and to require local boards of elections in those counties to provide specified language services to voters with limited English proficiency (LEP). The law is intended to ensure meaningful access to registration, voting, and election information for voters who do not speak English well.
Key provisions
- Definitions: “Limited English proficiency” follows Census/ACS criteria (does not speak English as a primary language and speaks/reads/understands English less than “very well”). “Designated language” is any non‑English language meeting the thresholds below.
- Determining need: SBE must determine (by Feb. 1 of an election year) that a county needs language assistance if, based on best available data (e.g., American Community Survey):
- More than 2% of the county’s citizen voting‑age population use the same non‑English language and have LEP; or
- More than 4,000 citizens of voting age use the same non‑English language and have LEP.
- Public list and updates: By Jan. 1, 2026, and at least every two years, SBE must publish and maintain a list of local boards required to provide assistance and the designated languages.
- Required services for local boards (with SBE oversight):
- Option at each early voting center and Election Day polling place for voters to communicate with election judges via a translator.
- State‑board‑approved signage at voting locations in each designated language announcing availability of assistance and telephone interpreters.
- Online voting materials (statewide registration forms, SBE‑approved absentee ballot applications, specimen ballots, and other materials SBE deems necessary) translated into designated languages. Oral assistance may be provided when a language lacks a written form (e.g., ASL).
- Reasonable efforts to recruit bilingual election judges to assist voters in designated languages.
- Local boards may offer additional services with SBE approval.
- Quality standards: Translations must be equal in quality to English materials, convey the same intent and essential meaning, and may not rely solely on automatic machine translation or AI.
- State and local roles/costs:
- SBE will provide licensed translation software services to local boards.
- Counties/local boards are responsible for other program expenses (hardware, software use fees, staffing).
- Implementation/administration: SBE must adopt regulations to implement the program.
- Enforcement: The statute provides for enforcement mechanisms (including authorized private actions and administrative review processes).
Who is affected
- Local boards of elections in counties identified by SBE under the statutory thresholds must provide the required language services.
- Voters with limited English proficiency in designated languages benefit from expanded access.
- Counties bear most operational costs (hardware, use fees, local staffing); SBE bears some state costs (e.g., translation software licenses).
Fiscal and procedural notes
- Fiscal estimate (SBE): General Fund costs projected at about $122,000 in FY2026 (consultant and initial translation software licenses) and additional outlays in later years (estimates of at least $50,000 in some subsequent fiscal years). Local expenditures are expected to increase beginning FY2026; the measure imposes a local government mandate.
- Key deadlines: SBE to publish the initial list by Jan. 1, 2026; county determinations made by Feb. 1 of election years; list updated at least biennially.
Impact
SB 685 standardizes and expands language access for LEP voters in counties with significant non‑English speaking populations, requiring translated materials, interpretation options at polling places, bilingual judge recruitment, and quality controls on translations. The law shifts certain implementation costs to counties while SBE provides translation software and regulatory oversight.