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SB 963

Elections: voters; language assistance for elections act; create. Creates new act. TIE BAR WITH: SB 0961'26, SB 0962'26

2025-2026 Regular Session Introduced by Sarah Anthony and 18 co-sponsors

The bill requires local governments to offer language assistance in elections for LEP groups, with translated materials, interpreters, and funding to ensure accessibility.

referred to Committee on Election Integrity
#civilrights:other #elections:electionofficials #elections:voters #elections:votingprocedures #localgovernment:other #stateagencies(existing):state
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WeVote Research Nonpartisan
Bill Summary · SB 963

Overview

SB 963, introduced in the Michigan 2025-2026 session, seeks to ensure language access for elections by requiring local governments to provide language assistance for voters with limited English proficiency (LEP). It creates a new framework, including a dedicated language access advisory council, procedural steps for implementation and enforcement, funding mechanisms, and remedies for violations. The act is tied to SBs 961 and 962 and takes effect only if those companion bills are enacted.

Main purpose and intent

  • Improve voting accessibility for LEP residents by mandating language assistance in elections where a locality meets specified LEP thresholds.
  • Establish statewide standards for translation, interpretation, and translation quality, and offer remedies and potential penalties for noncompliance.
  • Create an advisory council to guide implementation and ongoing translation priorities.

Key provisions and changes

  • Definitions (Sec. 3):

    • Limited English Proficiency (LEP): individuals who do not speak English as a primary language and have limited English skills.
    • Local government: counties, cities, or townships conducting elections.
    • Michigan voting and elections database and institute: referenced in related provisions.
    • Voting-eligible population: U.S. citizens age 18+.

  • Language assistance requirements (Sec. 5):

    • Triggers for local governments to provide language assistance based on LEP population, with two alternative thresholds:
    • Threshold A (before Jan 1, 2030): either >5% of the voting-eligible population or at least 600 LEP individuals speaking a single non-English language.
    • Threshold B (before Jan 1, 2030): either more than 10,000 LEP voters or at least 100 LEP individuals constituting 2.5%+ of the local voting-eligible population.
    • If a locality partners with a county for early voting, the county must provide language assistance during early voting as well.
    • Secretary of State (SoS) must publish biannually (odd-numbered years) lists of affected local governments and designated languages, based on Census/ACS data or high-quality proxies.
    • Local governments must be notified and required to implement language assistance by the next state primary if added to the list.
    • SoS provides translations of voter-facing materials in designated languages (certified translations; not relying on automated translation), including ballots and related materials. Materials are provided to local governments and, if applicable, to counties for early voting.
    • Translation quality: certified translators; equal quality to English versions.
    • Voting system tech: SoS provides on-demand ballot printing and a voter assist terminal with translated ballots.
    • Financial support: SoS reimburses local governments for logic and accuracy testing costs or allows contracted vendors, with limitations and allowances for testing procedures.
    • Compliance: If language assistance is provided by SoS, local governments must use the SoS-provided materials.
    • Interpretation support: SoS offers live interpreters or virtual interpretation systems to clerks, available in various venues 45 days before an election through Election Day.
    • SoS must produce electronic copies of translated materials.

  • Language Access Advisory Council ( Sec. 6 ):

    • A council within the SoS to advise on implementation.
    • Composition includes clerks from municipal and county levels and representatives for each LEP group eligible under the act.
    • Annual meetings and approval of a translated-materials list.

  • Enforcement and remedies (Sec. 7–13):

    • Pre-litigation notification required before civil action.
    • If initial discussions fail, parties may file suit; the court may order appropriate remedies tailored to the violation (including expanded voting hours/days, special elections, damages, and other relief).
    • Attorneys’ fees and costs may be awarded to prevailing parties.
    • Expedited pretrial/trial procedures and automatic calendar preference for actions alleging section 5 violations, with expedited relief for upcoming elections.

  • Remedies and remedies-related funding (Sec. 9, 11, 12, 15):

    • Courts can impose various remedies and may consider multiple proposals.
    • Public funding safeguards, including limits and CPI adjustments for reimbursement amounts ($50,000 cap, CPI-indexed).
    • Reimbursement mechanics through the Michigan voting rights assistance fund, with conditions and timelines for claims.

  • Effective date and enactment (Sec. 5):

    • Section 5 takes effect January 1, 2028.
    • Enactment contingent on passage of SB 961 and SB 962.

Who is affected

  • Local governments (counties, cities, townships) conducting elections will face mandatory language-access obligations if they meet LEP thresholds.
  • SoS and local clerks/election officials, who must implement translations, provide materials, and arrange interpreters and voting equipment accommodations.
  • Voters with LEP populations in designated languages will gain access to translated materials, interpreters, and translated ballots.
  • Legal entities and individuals may pursue civil actions if language-access obligations are not met, with potential for attorney fees and damages.

Timelines and procedural aspects

  • Thresholds for language-access requirements become active in 2028; initial population thresholds are evaluated using Census/ACS data (or equivalents) and posted every odd-numbered year.
  • Local governments added to the requirement must implement by the next state primary election after notification.
  • Reimbursement requests for remedy-related costs must be filed within 90 days of enactment/implementation or notification determination, with a 120-day window for outcomes.
  • The act emphasizes expedited litigation for election-related violations.

Note: SB 963 is tied to SBs 961 and 962 and does not become law unless all three are enacted.

Compiled from official sources — confirm details with the bill’s official record.

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