(1) The Secretary of State shall create and make publicly available a list of:

(a) The five most commonly spoken languages in the state, other than English; and

(b) The five most commonly spoken languages in each county, other than English.

(2) The lists created under subsection (1) of this section must:

(a) Be based on the best available data, which may include the most recent American Community Survey from the United States Census Bureau, estimates from the Portland State University Population Research Center and any other necessary data sources;

(b) Include, when complying with subsection (1)(b) of this section, the estimated number of individuals in each county who speak each listed language; and

(c) Be updated at least once every five years.

(3) The Secretary of State shall:

(a) Ensure each state voters’ pamphlet mailed to residents of a county is translated in the manner described in ORS § 251.170 into:

(A) Each language listed by the Secretary of State under subsection (1)(a) of this section;

(B) Each language listed by the Secretary of State under subsection (1)(b) of this section that the Secretary of State estimates under subsection (2)(b) of this section to be spoken by 100 or more individuals in any one county; and

(C) Each language that has previously been listed by the Secretary of State under subsection (1)(b) of this section, even if the language is not included in the most recent list created by the Secretary of State;

(b) Ensure each county voters’ pamphlet mailed to residents of a county is translated in the manner described in ORS § 251.170 into:

(A) Each language listed by the Secretary of State under subsection (1)(a) of this section;

(B) Each language listed for the county for that county voters’ pamphlet by the Secretary of State under subsection (1)(b) of this section that the Secretary of State estimates under subsection (2)(b) of this section to be spoken by 100 or more individuals in the county; and

(C) Each language that has previously been listed by the Secretary of State for the county for that county voters’ pamphlet under subsection (1)(b) of this section, even if the language is not included in the most recent list created by the Secretary of State;

(c) Make each translation of the voters’ pamphlet that is made under paragraph (a) or (b) of this subsection or subsection (4) of this section available on the website of the Secretary of State and of the county as applicable; and

(d) Prominently provide the website address for each translation in the manner set forth in ORS § 251.026 and 251.315.

(4) Notwithstanding subsection (3)(a)(B) and (b)(B) of this section, if the Secretary of State estimates under subsection (2)(b) of this section that no language, other than English, is spoken by 100 or more individuals in a particular county, the Secretary of State shall ensure:

(a) Each state voters’ pamphlet mailed to residents of the county is translated in the manner described in ORS § 251.170 into the most commonly spoken language in that county, other than English, as listed by the Secretary of State under subsection (1)(b) of this section; and

(b) Each county voters’ pamphlet mailed to residents of the county is translated in the manner described in ORS § 251.170 into the most commonly spoken language in that county, other than English, as listed by the Secretary of State under subsection (1)(b) of this section.

(5) The Secretary of State:

(a) May adopt any rules necessary to implement this section; and

(b) Is responsible for all costs necessary to comply with this section. [2021 c.464 § 2]