BILL ANALYSIS
SB 288
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Date of Hearing: June 23, 2009
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
SB 288 (Yee) - As Amended: June 15, 2009
SENATE VOTE : 35-0
SUBJECT : Elections: names of candidates.
SUMMARY : Requires a candidate's alphabet-based name to be
phonetically translated or transliterated if the county is
required to provide translated ballot materials in a
character-based language, unless certain conditions are met.
Specifically, this bill :
1)Requires county elections officials to establish a process for
a candidate to appeal the translation of the name assigned to
him or her for use on ballot.
2)Provides that in a county in which separate ballots containing
translations of the candidates' names are printed in different
languages, ballot materials shall include both the English
names and the translations of candidates' names.
3)Allows a candidate that has a character-based name by birth,
which can be verified by a birth certificate or other valid
identification, to use that name on the ballot instead of a
phonetic translation or transliteration.
4)Allows 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 by that name over
the past two years, to use that name instead of a phonetic
translation or transliteration.
EXISTING LAW :
1)Requires the translation of ballots and ballot materials into
languages other than English under certain circumstances.
2)Provides that if a candidate changes his or her name within
one year of any election, the new name shall not appear upon
the ballot unless the change was made by either a marriage or
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decree of any court of competent jurisdiction.
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of the Bill : According to the author:
It is ever more common in California for candidates for
public office to submit, or request, a translation of their
English name to appear on the ballot. Unfortunately, this
practice has been abused by some candidates who have
created and used popular Asian-character names as a means
of winning more votes from a particular ethnic group.
Currently, candidates can submit any Asian-character name
to appear on the ballot as the "translation" of their own.
This has resulted in abuse by some candidates who have
created and used popular Asian names as a means of
deceiving the public to gain votes.
In one instance, a candidate for Supervisor in California
hired a political consulting firm to pick an
Asian-character name for him. This name was allowed on the
ballot even though it had no relationship to his English
name and he had no history of being identified by it. The
lack of state law governing this topic has opened the door
to abuse. Allowing this voter fraud to continue or worse,
to expand, is an affront to civil rights and democracy.
SB 288 will help protect the integrity of ballots by
ensuring that Asian communities are accurately informed of
who they are voting for. SB 288 will create standard
guidelines for the fair use of candidates' names on ballots
in jurisdictions that have Chinese, Korean or Japanese
ballot translations.
This bill prevents fraud by requiring candidates in
jurisdictions with alternative language ballots, where the
candidate's name is already being translated, to be
provided a phonetic translation or transliteration of their
English name by the county elections office or by the
Secretary of State's Office. If the candidate has an Asian
character name by birth or one that they have been known by
within the public sphere, they may use that name instead.
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This will help stop the last-minute, deceptive practice of
making up a fraudulent name simply to deceive Asian voters
into voting for a candidate.
2)San Francisco Policy : In 2002 the San Francisco Director of
Elections established a process to publish on all ballots, a
translation or transliteration of each candidate's name in
Chinese characters. Candidates may, but are not required to,
submit a proposed translated or transliterated Chinese name
for themselves to assist the Department's qualified
translator. If a candidate does not submit a proposed Chinese
name, the translator will prepare a transliteration of the
candidate's name. The Director of Elections will determine
whether to accept a candidate's proposed Chinese name, and
whether a candidate's name will appear as a translation or a
transliteration. The Director of Elections' determination
whether to accept a candidate's proposed Chinese name, and
whether a candidate's name will appear as a translation or a
transliteration, shall be final. The Chinese names of all
candidates for local office are available for public review
for ten calendar days, and during that period the Director's
determination may be challenged.
3)Arguments in Support : According to the Korean American
Professional Society, "currently, candidates can submit an
ethnic name to appear on the ballot that is not a given name
or a transliteration of their English name. This has resulted
in abuse by some candidates who have created and used popular
ethnic names as a means of deceiving the public to gain votes.
SB 288 will create guidelines for the fair use of candidates'
names on ballots in jurisdictions that require Chinese,
Korean, or Vietnamese ballot translations."
4)Arguments in Opposition : According to the Governor's Office
of Planning and Research, although they "support [the] intent
to provide additional transparency in the elections process,
creating a statewide standard for translating ballot
designations into character-based languages is unnecessary.
Current statues already provide broad oversight of ballot
designations and local elections officials have the authority
to set policies that are appropriate for their unique
jurisdictions."
REGISTERED SUPPORT / OPPOSITION :
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Support
American Federation of State, County and Municipal Employees
City and County of San Francisco
FilAm Star
Japanese American Citizens League, Northern California-Western
Nevada-Pacific District
Korean American Bar Association of Northern California
Korean American Professional Society
Opposition
Governor's Office of Planning and Research
Analysis Prepared by : Qiana Charles / E. & R. / (916)
319-2094