BILL ANALYSIS
SB 288
Page 1
SENATE THIRD READING
SB 288 (Yee)
As Amended July 16, 2009
Majority vote
SENATE VOTE : 35-0
ELECTIONS 7-0 APPROPRIATIONS 15-0
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|Ayes:|Fong, Niello, Bill |Ayes:|De Leon, Nielsen, |
| |Berryhill, Coto, Mendoza, | |Ammiano, Coto, Davis, |
| |Saldana, Swanson | |Duvall, Fuentes, Hall, |
| | | |Harkey, Miller, John A. |
| | | |Perez, Skinner, Solorio, |
| | | |Audra Strickland, |
| | | |Torlakson |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires a candidate's alphabet-based name to be
phonetically translated if the county is required to provide
translated ballot materials in a character-based language,
unless certain conditions are met. Specifically, this bill :
1)Permits a jurisdiction that provides translations of
candidates' names on the ballot to establish a local appeals
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 the
following offices:
a) Member of the Assembly, Senate, United States House of
Representatives, or State Board of Equalization;
b) Justice of the Court of Appeal; or,
c) Judge of the superior court.
2)Provides that in a jurisdiction in which 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. Provides that if a jurisdiction cannot comply with
this requirement due to limitations on its existing voting
SB 288
Page 2
system, any new voting system purchased by that jurisdiction
after June 1, 2010, shall be able to print both the
alphabet-based and translated 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.
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 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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, 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 : According to the author, "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. 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."
Analysis Prepared by : Qiana Charles / E. & R. / (916)
319-2094
FN: 0001976