BILL NUMBER: SB 288	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 15, 2009
	AMENDED IN SENATE  APRIL 21, 2009
	AMENDED IN SENATE  APRIL 14, 2009

INTRODUCED BY   Senator Yee
    (   Coauthor:   Assembly Member  
Eng   ) 

                        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   alphabet-based
 names into a character-based language, such as Chinese,
Japanese, or Korean, phonetic translations or transliterations of the
 English   alphabet-based  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   alphabet-based  name.
   This bill would provide an exception for a candidate who has a
 non-English   character-based  name by
birth or has verifiably been known by a  non-English
  character-based  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   alphabet-based
 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   alphabet-based  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   alphabet-based  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   character-based  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   character-based  name
by birth, but who identifies by a particular  non-English
  character-based  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.