BILL NUMBER: SB 288	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 21, 2009
	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  or
transliterations  of the English names of candidates be
provided. 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 for a candidate who has a
non-English name by birth or 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  or
transliteration  .
   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  or transliteration  of 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, which can be verified by birth certificate
or other valid identification, he or she may use that name on the
ballot instead of a phonetic translation  or transliteration
 . 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 by that name over the past two
years, may use that name instead of a phonetic translation  or
transliteration  .
  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.