BILL NUMBER: SB 288 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 16, 2009
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
jurisdiction provides a translation of the candidates'
alphabet-based names into a character-based language, such as
Chinese, Japanese, or Korean, phonetic translations or
transliterations of the alphabet-based names of candidates
be provided. The bill would also require that a county
permit a specified jurisdiction that
provides translations of candidates' names to establish a
process by which a candidate specified
candidates may appeal the phonetic
translation of his or her alphabet-based name in addition to
procedures availabl e under current law .
This bill would provide an exception for a candidate who has a
character-based name by birth or has verifiably been known by a
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
jurisdiction provides separate ballots containing translations
of the candidates' names in different languages, both the
alphabet-based names and the translations of the candidates' names
appear on each the translated ballot.
This bill would also require a county to purchase voting equipment
that permits compliance with this section as a part of any new
purchase of voting equipment.
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
alphabet-based name. phonetic transliteration of the
candidate's 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.
(3) A jurisdiction that provides translations of candidate's names
on the ballot may establish a local appeal process to challenge the
translation of a candidate's name on the ballot, for a candidate
running for office exclusively within that jurisdiction and who is
not running for an office listed in paragraphs 1 through 5 of
subdivision (b) of Section 15375. This shall not preclude a candidate
from exercising his or her rights under Section 13314.
(4) In a county
(A) In a jurisdiction in which
separate ballots containing translations of the candidates' names are
printed in different languages, both the alphabet-based names and
the translations of the candidates' names, for candidates that have
translated names, shall appear on each the
translated ballot.
(B) If a jurisdiction is unable to comply with this paragraph due
to limitations of their existing voting system, any new voting system
purchased by the jurisdiction after June 1, 2010, shall be able to
accommodate the requirements of this paragraph.
(b) Notwithstanding subdivision (a), if a candidate has a
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
character-based name by birth, but who identifies by a particular
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.