BILL ANALYSIS
SB 288
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Date of Hearing: July 1, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
SB 288 (Yee) - As Amended: June 15, 2009
Policy Committee: ElectionsVote:7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill requires, for translated ballot materials, that a
candidate's alphabet-based name be phonetically translated or
transliterated, except in specified circumstances.
Specifically, this bill:
1)Requires, in those jurisdictions required pursuant to the
federal Voting Rights Act to provide translated ballot
materials, that those materials include a phonetic translation
or transliteration of a candidates alphabet-based name.
2)Requires, in counties where separate ballots containing
translations of the candidates' names are printed in different
languages, ballot materials shall include both the
alphabet-based names and the translations of candidates'
names.
3)Allows a candidate who 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.
5)Requires counties providing translation of candidates names to
establish a process for a candidate to appeal the translation
of the name assigned to him or her for use on ballot.
SB 288
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FISCAL EFFECT
Minor annual reimbursable costs for counties to include
character-based names or phonetic translations or
transliterations on ballot materials and to provide an appeals
process.
COMMENTS
1)Purpose . 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?If the candidate has an Asian character name by birth or
SB 288
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one that they have been known by within the public sphere,
they may use that name instead. 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)Opposition . The Office of Planning and Research (OPR)
believes that creating a statewide standard for translating
ballot designations is unnecessary.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081