BILL NUMBER: SB 288	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Yee

                        FEBRUARY 24, 2009

   An act to add Section 13211.7 to the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 288, as introduced, Yee. Elections: names of candidates.
   Existing law requires translation of ballots and ballot materials
into languages other than English when specified circumstances exist.

   This bill would require that phonetic translations of the English
names of candidates be provided whenever the ballot materials are
required to be translated. This bill would provide an exception to
candidates who have non-English names by birth or have verifiably
been known by a non-English name for at least 2 years, to permit him
or her to use that name on the ballot instead of a phonetic
translation.
   Because the bill would impose additional duties on local elections
officials, it would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13211.7 is added to the Elections Code, to
read:
   13211.7.  (a) In jurisdictions that are required to provide a
translation of ballot materials into a language other than English
pursuant to Section 9054 or 13209 of this code, or Section 203 (42
U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)
(4)) of the federal Voting Rights Act of 1965, the ballots shall
contain a phonetic translation of the candidate's English name.
   (b) Notwithstanding subdivision (a), if a candidate has a
non-English name by birth, that can be verified by birth certificate
or other valid identification, he or she shall be permitted to use
that name on the ballot instead of a phonetic translation. A
candidate who does not have a non-English name by birth, but who
identifies by a particular non-English name and can demonstrate to
elections officials that he or she has been known and identified
within the public sphere with that name over the past two years,
shall be permitted to use that name instead of a phonetic
translation.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.