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HB 5971

Elections: voters; language assistance for elections act; create. Creates new act. TIE BAR WITH: HB 5969'26, HB 5970'26

2025-2026 Regular Session Introduced by Noah Arbit and 35 co-sponsors

Michigan HB 5971 establishes a formal framework requiring certain local governments to provide language assistance in elections, including translated materials and interpreters, wi

bill electronically reproduced 05/13/2026
#civilrights:other #elections:electionofficials #elections:voters #elections:votingprocedures #localgovernment:other #stateagencies(existing):state
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Bill Summary · HB 5971

Summary of HB 5971 (Michigan, 2025-2026)

Purpose and intent

  • Establishes a comprehensive framework to provide language assistance for elections in Michigan.
  • Creates a formal process to identify local governments that must offer language assistance and to supply translated voting materials, interpreters, and translation-related infrastructure.
  • Authorizes a nonprofit-style enforcement and remedies regime, including a dedicated funding mechanism, to ensure compliance and provide remedies for violations.

Key provisions and changes

  • Definitions (Sec. 3)

    • Clarifies terms: Limited English Proficiency (LEP), local government (county/city/township conducting elections), Michigan voting and elections database and institute, and Voting-eligible population (citizens 18+).

  • When language assistance is required (Sec. 5(1))

    • Local governments must provide language assistance if, before 2030, they meet either:
    • A LEP population threshold (more than 5% of voting-eligible population speaking a single non-English language; or 600 or more voting-eligible individuals meeting LEP criteria after 2030), OR
    • A large, language-diverse population (more than 10,000 LEP voters, or at least 100 LEP voters who comprise 2.5%+ of the local voting-eligible population after 2030).
    • These thresholds determine eligibility on an ongoing basis.

  • Early voting coordination (Sec. 5(2))

    • If a county handles early voting for a locally required jurisdiction, the county must comply with language assistance during the early voting period.

  • Public posting of language requirements (Sec. 5(3))

    • Secretary of State must biennially post lists of which local governments are required to provide language assistance and which languages are involved, using Census/ACS data or comparable sources.

  • Notice and implementation duties (Sec. 5(4))

    • Before posting, the Director of Elections must notify affected clerks with specifics, including implementation deadlines (next state primary) and provision of translations of voting materials.

  • Secretary of State responsibilities (Sec. 5(5))

    • If language assistance is required, the SOS must:
    • Provide translations of voter-facing materials in designated languages (via certified translators; ensure parity with English and avoid reliance on automatic translation).
    • Deliver a voting system that supports ballots on demand with translated ballots and a voter assist terminal for translation when early voting is involved.
    • Reimburse local governments for additional logic-and-accuracy testing costs, or allow contract-based testing (with certain flexibilities for clerks/boards).
    • Ensure access to live interpreters or virtual interpretation systems at clerk’s office, early voting sites, and polling places (45 days before Election Day through Election Day; availability in clerk’s office and upon request at other sites).

  • Local government use of SOS-provided language resources (Sec. 5(6)-(7))

    • If SOS provides language assistance, local governments must use it.
    • SOS to provide live interpreters or virtual systems; other clerks/counties may request a virtual system.

  • Translations and materials (Sec. 5(8)-(9))

    • Electronic copies of materials translated into each designated language must be produced.
    • Local governments may voluntarily provide additional language assistance beyond statutory minimums.

  • Effective date (Sec. 5(10))

    • Language assistance provisions become effective January 1, 2028.

  • Language Access Advisory Council (Sec. 6)

    • Creates a new council within the Department of State to advise on implementation.
    • Composition includes clerks (one from municipal associations), one representative from each LEP group eligible for assistance, and appointment timelines (by May 1, 2027).
    • Functions include approving a yearly list of voter-facing materials to be translated by certified translators and advising SOS on implementation.

  • Civil action process and remedies (Sec. 7–9, 11–13)

    • Establishes a pre-suit notification requirement (certified mail) detailing alleged violations and proposed remedies.
    • Provides a two-stage process to attempt negotiated remediation; court actions allowed if no agreement or in certain circumstances.
    • Allows plaintiffs, certain entities, or the Attorney General to sue local governments or the Secretary of State for violations.
    • Courts may award a wide range of remedies, including programmatic changes, extended voting hours/days, and even special elections to remedy violations.
    • Potential for punitive damages (civil fines) under defined conditions related to intentional violations or disregard for voting rights, deposited into the Michigan voting rights assistance fund.
    • Courts can award attorney fees and costs to prevailing parties.

  • Reimbursement and costs (Sec. 8)

    • Reimburses plaintiffs for reasonable costs of sending notification letters and local governments for remedial actions and post-remedy evaluations, subject to funding limits.
    • Caps reimbursements at $50,000 (adjusted annually for CPI) with defined timeframes for submitting requests.

  • Expedited proceedings (Sec. 13)

    • Actions under this act receive expedited pretrial and trial handling due to the frequency and importance of elections, with prospective relief possible for upcoming elections if the likelihood of success is demonstrated.

  • Federal law alignment and compatibility (Sec. 15)

    • Clarifies the act must not conflict with federal voting rights laws, including Section 203.

  • Enactment condition (Enacting section)

    • The act takes effect only if related companion bills (HB 5969, HB 5970 or their Senate counterparts) are enacted.

Affected parties

  • Local governments (counties, cities, and townships that conduct elections): must assess LEP populations, implement language assistance, translate materials, provide interpreters, and bear additional costs.
  • Clerks and election officials: receive implementation guidance, translations, and interpreter resources; must coordinate with SOS and early voting entities.
  • Secretary of State: responsible for translations, interpreter access, translations of materials, and administering federal-compliant language support; administer reimbursements and guidance through the Language Access Advisory Council.
  • Voters with LEP: gain expanded access to translated materials, translated ballots, and interpreters at voting sites and early voting locations.
  • Potential plaintiffs and local governments: have a defined process for challenging noncompliance, with remediable remedies and potential reimbursement for costs.
  • Michigan voting rights fund: a funding source for reimbursements and remedies.

Procedural and timeline notes

  • Effective date: January 1, 2028.
  • Biennial public postings by SOS on language requirements and languages.
  • Advisory council appointments by May 1, 2027.
  • Implementation triggers tied to specific LEP thresholds and population data (Census/ACS or comparable data).
  • Expedited judicial process for actions alleging violations, including potential quick relief for upcoming elections.

This bill would significantly enhance linguistic accessibility in Michigan elections, creating formal thresholds, translating duties, interpreter access, and a structured remedies framework to address language barriers in the voting process.

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

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