BILL NUMBER: SB 288	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 14, 2009

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 amended, Yee. Elections: names of candidates.
   Existing law requires  the  translation of ballots and
ballot materials into languages other than English when specified
circumstances exist.
   This bill would require that , if a county provides a
translation of the candidates' English names into a character-based
language, such as Chinese, Japanese, or Korean,  phonetic
translations of the English names of candidates be provided 
whenever the ballot materials are required to be translated 
.  This   The bill would also  
require that a county that provides translations of candidates' names
establish a process by which a candidate may appeal the phonetic
translation of his or her English name. 
    This  bill would provide an exception  to
candidates   for a candidate  who  have
  has a  non-English  names  
name  by birth or  have   has 
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. 
   This bill would require that, if a county provides separate
ballots containing translations of the candidates' names in different
languages, both the English names and the translations of the
candidates' names appear on each ballot. 
   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)  (1)    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  that provide a translation of the candidate's name
 shall contain a phonetic translation of  the 
 a  candidate's English name. 
   (2) This section applies only to character-based languages,
including Mandarin Chinese, Cantonese, Japanese, and Korean. 

   (3) A county that provides translations of candidates' names on
the ballot shall establish a process by which a candidate may appeal
the translation of the name assigned to him or her for use on the
ballot.  
   (4) In a county in which separate ballots containing translations
of the candidates' names are printed in different languages, both the
English names and the translations of the candidates' names, for
candidates that have translated names, shall appear on each ballot.

   (b) Notwithstanding subdivision (a), if a candidate has a
non-English name by birth,  that   which
can be verified by birth certificate or other valid identification,
he or she  shall be permitted to   may  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   by  that
name over the past two years,  shall be permitted to
  may  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.