BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 288|
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VETO
Bill No: SB 288
Author: Yee (D), et al
Amended: 7/16/09
Vote: 21
SENATE ELEC., REAP. & CONST. AMEND. COMM. : 5-0, 3/31/09
AYES: Hancock, Walters, DeSaulnier, Liu, Strickland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 35-0, 5/6/09 (Consent)
AYES: Alquist, Ashburn, Benoit, Calderon, Cogdill,
Corbett, Correa, Cox, Denham, Ducheny, Dutton, Florez,
Hancock, Harman, Hollingsworth, Huff, Kehoe, Leno, Liu,
Lowenthal, Maldonado, Negrete McLeod, Oropeza, Padilla,
Pavley, Romero, Simitian, Steinberg, Strickland, Walters,
Wiggins, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Aanestad, Cedillo, DeSaulnier, Runner
SENATE FLOOR : 39-0, 8/24/09 (Consent)
AYES: Aanestad, Alquist, Ashburn, Benoit, Calderon,
Cedillo, Cogdill, Corbett, Correa, Cox, Denham,
DeSaulnier, Ducheny, Dutton, Florez, Hancock, Harman,
Hollingsworth, Huff, Kehoe, Leno, Liu, Lowenthal,
Maldonado, Negrete McLeod, Oropeza, Padilla, Price,
Romero, Runner, Simitian, Steinberg, Strickland, Walters,
Wiggins, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Pavley
ASSEMBLY FLOOR : 76-0, 8/17/09 - See last page for vote
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SUBJECT : Elections: names of candidates
SOURCE : Author
DIGEST : This bill requires a candidates 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.
Assembly Amendments replaced non-English references to
character-based names, adds clarifying language, and add
Assemblymember Eng as a coauthor.
ANALYSIS : Existing law requires translation of ballots
and ballot materials into languages other than English when
specified. Existing law also 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 of the following:
1.Marriage.
2.Decree of any court of competent jurisdiction.
Background
Currently, candidates for public office are allowed to
submit any name of their choosing as the "translation" of
their name on ballots without proof that the name being
submitted is a true translation of their "legal" name.
In 2002 the San Francisco director of elections implemented
a change to their Chinese name policy for ballot
translations and the ordinance currently provides that:
(1) "Translation" shall mean the selection of Chinese
characters to represent the parts of a Chinese name,
or a name in any other language that traditionally is
written using Chinese characters.
(2) "Transliteration" shall mean the selection of
Chinese characters to represent the phonetic
equivalent of the syllables of an English name, or a
name in any other language that is not traditionally
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written using Chinese characters.
The Director of Elections shall cause a translation or
transliteration of the names of all candidates to be
prepared by a qualified Chinese-language interpreter
according to generally-accepted professional
standards. A candidate may submit documentary
evidence demonstrating established use of a particular
translation or transliteration of his or her name to
assist the interpreter, but the Director of Elections'
decision to accept the translation or transliteration
of a candidate's name submitted by the Department's
interpreter shall be final. Translated or
transliterated names accepted by the Director shall be
available for public review for ten days, and the
Director's decision may be challenged pursuant to
California Elections Code Section 13313. (Added by
Ord. 233-99, File No. 991282, App. 8/20/99)
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 system, any new voting
system purchased by that jurisdiction after June 1, 2010,
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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 : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/17/09)
American Federation of State, County and Municipal
Employees
City and County of San Francisco
FilAm Star Editorial
Japanese American Citizens League - Northern California,
Western Nevada, Pacific District
Korean American Bar Association of Northern California
Korean American Professional Society
ARGUMENTS IN SUPPORT : According to the author's office,
"The lack of state law governing this topic has opened the
door to abuse. 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. In
another instance, a candidate submitted the 'translation'
of his name as a common Asian name that the candidate had
just picked for the race, with the intent to win votes from
that community through this false identity and not through
his actual name or accomplishments. Allowing this voter
fraud to continue or worse, to expand, is an affront to
civil rights and democracy in our state. On the flip side,
this bill will also protect people who legitimately
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identify by an Asian name. In a California Assembly race,
a candidate was initially rejected for the use of a name
that he had used and been identified by within the Chinese
community for a number of years. SB 288 will establish
standards to protect people like this candidate who
legitimately have an Asian name that they would like to be
identified by on the ballot. SB 288 will establish
statewide guidelines for counties and the Secretary of
State's Office to follow to ensure the integrity of the
translated names on our ballots in California. It will
prevent the hodgepodge rules and regulations that are
currently in place in different regions that place access
to our democratic system at risk for Asian-language
communities."
GOVERNOR'S VETO MESSAGE:
"I am returning Senate Bill 288 without my signature.
This bill would require 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.
This bill is in response to abuse by candidates that
try to use a popular Asian name in order to gain
support in that ethnic community. This unscrupulous
practice should be prevented; however, a change in
state policy is unnecessary. Under current law,
local elections officials have the authority to
address this fraudulent behavior and to set policies
that are appropriate for their unique jurisdictions.
For example, the director of elections in San
Francisco has established a Chinese name translation
policy to address concerns that improper translations
were being used by candidates in local races.
I encourage local elections officials to continue to
address the concerns raised in this bill at the local
level."
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ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Coto, De La Torre, De Leon, DeVore,
Duvall, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Ruskin, Salas, Saldana, Silva,
Skinner, Solorio, Audra Strickland, Swanson, Torlakson,
Torres, Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Cook, Davis, Smyth
DLW:nl 1/7/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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