BILL ANALYSIS Ó
AB 1814
Page 1
Date of Hearing: March 27, 2012
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 1814 (Eng) - As Introduced: February 21, 2012
SUBJECT : Voting rights: language assistance.
SUMMARY : Requires each county elections official to report to
the Secretary of State (SOS) regarding the county's compliance
with federal and state laws and regulations related to providing
voters with language assistance. Specifically, this bill :
1)Makes various findings and declarations about voter
participation among voters with limited English proficiency.
2)Requires elections officials to make reasonable efforts to
recruit election officials who are fluent in a language for
any precinct where the county is required to post translated
sample ballots in that language.
3)Requires elections officials, when selecting members of a
precinct board, to evaluate complaints filed against precinct
board members, and to excuse those who are found to be
unsatisfactory in carrying out their duties in connection with
the conduct of the election.
4)Requires every county to submit a report, not later than 120
days prior to the first statewide election held in each
even-numbered year, to the SOS describing the county's plan
for compliance with applicable federal and state laws and
regulations related to providing voters with language
assistance. Requires each county to submit an update
detailing material changes to the plan it submitted for the
first election of that year, not later than 120 days prior to
each subsequent statewide election held in an even-numbered
year. Provides that federal and state laws and regulations to
be addressed by the plan include, but are not limited to, all
of the following:
a) Section 203 (42 U.S.C. Sec. 1973aa-1a) and Section
4(f)(4) (42 U.S.C. Sec. 1973b(f)(4)) of the Federal Voting
Rights Act of 1965, and the regulations issued by the
United States Department of Justice (28 C.F.R. 55.1 to
55.21, inclusive);
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b) The Federal Help America Vote Act (42 U.S.C. Sec. 15301
and following);
c) Section 12303 of the Elections Code, which requires the
elections official to make reasonable efforts to recruit
elections officials who are fluent in languages other than
English under specified conditions; and,
d) Section 14201 of the Elections Code, which requires
elections officials to post copies of the sample ballot in
a language other than English under specified
circumstances.
5)Requires the SOS to issue guidance for a uniform standard
report format that will enable each county to comply with the
requirements of this bill.
6)Requires the county to include, at a minimum, all of the
following information in its plan:
a) The plans for providing translated facsimile copies of
ballots with ballot measures and ballot instructions
required to be made available at polling places on election
day;
b) The translated signage and ballot materials to be
provided to voters prior to election day and at polling
places;
c) The estimated number of bilingual precinct board members
necessary to meet the language needs of voters with limited
English proficiency and the planned method to recruit a
sufficient number of bilingual precinct board members;
d) The methodology of assigning bilingual precinct board
members to polling places, including the process for
determining the need for bilingual voting assistance in
additional precincts to meet state and federal language
assistance requirements;
e) A description of the training provided to precinct board
members to educate them about compliance with federal and
state voting rights laws and regulations including the best
practices approach used to assist voters, and any copies of
precinct member training curricula and handbooks;
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f) The plans for conducting outreach to and education of,
voters with limited English proficiency, including
electoral activities, the availability of translated
materials and bilingual assistance through the display of
public notices, the use of media outlets that serve
language minorities, and direct contact with organizations
that serve language minority populations; and,
g) The plans for operating voter hotlines that can
adequately respond to telephone calls from voters with
limited English proficiency.
7)Requires the SOS to post all reports required by this bill on
his or her website not later than 90 days prior to each
statewide election held in an even-numbered year.
8)Requires the SOS to consult with an advisory body composed of
members from voting rights organizations, elections officials,
and other groups to develop best practices for implementing
all federal and state laws and regulations listed above and
for implementing the SOS's precinct board member training
standards. Requires the SOS to make these best practices
available to elections officials in a centralized repository
and post those best practices on his or her official website.
Requires the SOS to annually review the best practices and
determine whether they need to be updated.
9)Provides that any county that is already required under the
federal Voting Rights Act of 1965 to furnish ballots in
languages other than English, is not required to post a
facsimile ballot in those particular languages. Requires the
SOS, in those counties, to make determinations and findings,
as specified in existing law, as to whether it is appropriate
to post the elections materials in Spanish or other languages.
10)Allows interested citizens or organizations, in addition to
or instead of providing information to the SOS about the need
for language assistance in a particular county or precinct, to
provide such information to a local elections official so that
the local elections official may determine whether it is
necessary to post a facsimile ballot at the polling place in a
language other than English.
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11)Requires the SOS to make determinations and findings, as
specified in existing law, on whether it is appropriate to
post elections materials in Spanish or other languages at each
election year following an adjustment of Congressional, State
Senatorial, Assembly and Board of Equalization districts
boundary lines, as specified by the California Constitution.
EXISTING FEDERAL LAW :
1)Requires a state or a political subdivision of a state to
provide voting materials in the language of a minority group
when that group within the jurisdiction has an illiteracy rate
that is higher than the national illiteracy rate, and the
number of the United States citizens of voting age in that
single language group within the jurisdiction meets at least
one of the following:
a) Numbers more than 10,000;
b) Makes up more than five percent of all voting age
citizens; or,
c) On an Indian reservation, exceeds five percent of all
reservation residents.
2)Requires a state or political subdivision of a state to
provide voting materials in the language of a minority group
if all of the following apply:
a) Over five percent of the voting age citizens were, on
November 1, 1972, members of a single language minority
group;
b) Registration and election materials were provided only
in English on November 1, 1972; and,
c) Fewer than 50 percent of the voting age citizens were
registered to vote or voted in the 1972 Presidential
election.
3)Defines language minorities or language minority groups, for
the purposes of the above provisions, to mean persons who are
American Indian, Asian American, Alaskan Natives, or of
Spanish heritage.
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EXISTING STATE LAW :
1)Requires elections officials to make reasonable efforts to
recruit election officials who are fluent in a language if
three percent or more of the voting age residents in any
precinct are fluent in that language and lack sufficient skill
in English to vote without assistance.
2)Requires, in counties where the SOS has determined it is
appropriate, each precinct board to post, in a conspicuous
location in the polling place, at least one copy of the ballot
with ballot measures and ballot instructions printed in
Spanish. Requires the ballot to be posted in other languages
if a significant and substantial need is found by the SOS.
3)Provides that in determining whether it is appropriate to
require a county to post a copy of the ballot at the precinct
in a language other than English, the SOS shall find a need to
post such translated copies of the ballot if the number of
residents of voting age in the precinct who are members of a
single language minority and who lack sufficient skills in
English to vote without assistance equals three percent or
more of the voting age residents in the precinct.
FISCAL EFFECT : Unknown. State-mandated local program; contains
reimbursement direction.
COMMENTS :
1)Purpose of the Bill : According to the author:
AB 1814 would improve compliance with our state and federal
voting rights law by strengthening the Secretary of State's
ability to monitor the compliance of election officials in
order to mitigate barriers and facilitate the ability of
limited English-proficient and first time voters.
Specifically, this bill would require counties to submit a
report to the Secretary of State describing the county's
plan for compliance with state and federal laws enacted to
assist voters with limited English proficiency, no later
than 120 days before the first statewide election. The
Secretary of State would be required to post those reports
on his or her website no later than 90 days prior to each
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statewide election. In addition, this bill would also
require a county elections official to evaluate complaints
filed against precinct board members and would require the
Secretary of State to develop a list of the best practices
for elections officials and/or precinct board members
training.
The Federal Voting Rights Act outlines requirements that
help limited English proficient voters participate in the
democratic process. In addition, state law outlines
requirements for translated materials at polling sites and
bilingual poll workers. The Secretary of State has the
authority to require elections officials to make reports
concerning elections in their jurisdictions and assist
elections officials in discharging their duties.
When complied with, these laws facilitate the ability of
limited English proficient and first-time voters to
exercise their fundamental right to vote. For example,
Latino and Filipino American voter registration increased
by 21% in San Diego County, and Vietnamese American
registration increased by 37%, after the county was brought
into compliance with the Voting Rights Act.
Voters who lack English proficiency and/or new voters
require much attention, as gaps between the state's voting
and non-voting population increases. Barriers to voting
such as complicated voting materials and unfamiliar voting
processes contribute significantly to these gaps and pose
challenges for millions of voters who are limited English
proficient or new voters.
Poll monitors deployed by various organizations have
observed poll sites failing to meet their legal
requirements, resulting in voters being unable to exercise
their right to vote. For example, poll sites have been
found to: not provide translated voting materials; not have
bilingual poll workers; not have trained poll workers; and
fail to provide provisional ballots. Without the
assistance provided under voting rights laws, limited
English proficient citizens have difficulty overcoming the
barriers they face.
AB 1814 strengthens the Secretary of State's ability to
monitor the compliance of elections officials with various
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voting rights laws. This monitoring will ensure that
election officials have adequate plans for providing
language assistance and incorporate best practices
responding to the needs of limited English proficient.
2)Voting Rights Act of 1965 : The 15th Amendment to the United
States Constitution provides, in part, "Ýt]he right of
citizens of the United States to vote shall not be denied or
abridged by the United States or by any state on account of
race, color, or previous condition of servitude."
Additionally, the 15th Amendment authorizes Congress to enact
legislation to enforce its provisions.
Congress determined that the existing federal
anti-discrimination laws were not sufficient to overcome the
resistance by state officials to enforce the 15th Amendment.
As a result, Congress passed and President Johnson signed the
Voting Rights Act of 1965. The Act provides, among other
provisions, that "Ýn]o voting qualification or prerequisite to
voting, or standard, practice, or procedure shall be imposed
or applied by any State or political subdivision to deny or
abridge that right of any citizen of the United States to vote
on account of race or color."
In 1975, Congress adopted the language minority provisions of
Sections 4(f)(4) and 203 of the Voting Rights Act. Congress
extended these provisions in 1982, 1992, and 2006. Sections
4(f)(4) and 203 of the Act require certain jurisdictions with
significant populations of voting age citizens who belong to a
language minority community to provide voting materials in a
language other than English. These determinations are based
on data from the most recent Census.
Specifically, Sections 203 and 4(f)(4) require that when a
covered state of political subdivision "Ýp]rovides
registration or voting notices, forms, instructions,
assistance, or other materials of information relating to the
electoral process, including ballots, it shall provide them in
the language of the applicable minority group as well as in
the English language."
3)New Census Data : On October 13, 2011, the U.S. Census Bureau
released a notice of determination of minority language status
following the 2010 census. Based on the findings, several
California counties will be required to provide materials to
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voters in new or additional languages. Pursuant to Section
203, the State of California is required to provide bilingual
voting assistance to Spanish speakers. Additionally, pursuant
to Section 203, 27 of California's 58 counties are
individually required to provide bilingual voting assistance
to Spanish speakers, and eight counties (Alameda, Los Angeles,
Orange, Sacramento, San Diego, San Francisco, San Mateo, and
Santa Clara) are required to provide voting materials in at
least one language other than English and Spanish. Pursuant
to Section 4(f)(4) of the Act, three counties are required to
provide bilingual voting assistance to Spanish speakers,
though two of those counties are also required to provide
assistance pursuant to Section 203. In total, 28 of
California's 58 counties are required to provide voting
materials in at least one language other than English.
4)Standard for Bilingual Precinct Workers : Existing law
requires an elections official to make reasonable efforts to
recruit elections officials who are fluent in a language if
three percent or more of the voting age residents in the
precinct are fluent in that language and lack sufficient skill
in English to vote without assistance. Additionally, existing
law requires each precinct board to post a copy of the ballot
in a language other than English at the polling place if the
SOS determines that the number of residents of voting age in
the precinct who are members of a single language minority and
who lack sufficient skills in English to vote without
assistance equals three percent or more of the voting age
residents in the precinct.
Although these two standards are similar, they are not
identical, which can lead to confusion and inconsistent
application. This bill would provide a single standard by
requiring the county elections official to make reasonable
efforts to recruit elections officials who are fluent in a
language for a precinct whenever the SOS determines that the
precinct must post a copy of the ballot in that language.
5)Arguments in Support : The Asian & Pacific Islander American
Health Forum, writes:
In our work we have found that when institutions and
organizations provide support for limited English
proficient populations, these individuals have more control
over their health decisions, which in turn improve their
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quality of life. Addressing this issue in the civic
engagement arena is an important step for these communities
as it will truly help the democratic process. Increased
compliance with voting rights laws would mitigate barriers
and facilitate the ability of limited English proficient
and first time voters to participate in California's
democracy.
6)State Mandates : The 2011-2012 state budget included the
suspension of various state mandates as a mechanism for cost
savings. Included on the list of suspensions were all six
existing elections-related mandates. All the existing
elections-related mandates have been proposed for suspension
again by the Governor in his budget for the 2012-2013 fiscal
year. The Committee may wish to consider whether it is
desirable to create new election mandates when current
elections-related mandates are suspended.
7)Previous Legislation : AB 299 (Eng) of 2011, which was
substantially similar to this bill, was not heard in Assembly
Elections and Redistricting Committee.
AB 614 (Eng) of 2007, which was substantially similar to this
bill, was vetoed by Governor Schwarzenegger. In his veto
message, the Governor wrote, "current law requires elected
officials to provide language assistance to voters with
limited English proficiency. This bill would require local
elected officials to report on their compliance with current
law on a standard form to be developed by the Secretary of
State. Such a report would be of limited value and would
place an unnecessary strain on the state's limited resources."
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REGISTERED SUPPORT / OPPOSITION :
Support
Chinese American Citizens Alliance (sponsor)
American Civil Liberties Union of California
AnewAmerica Community Corporation
Asian Americans for Civil Rights and Equality
Asian Law Alliance
Asian Law Caucus
Asian Pacific American Legal Center
Asian & Pacific Islander American Health Forum
Asian & Pacific Islander California Action Network
California Common Cause
Chinese American Citizens Alliance - National
Chinese American Council of Sacramento
Coalition for Humane Immigrant Rights of Los Angeles
Greenlining Institute
Japanese American Citizens League
J-Sei
Lao Iu Mien Culture Association, Inc.
Mental Health America of Northern California
Merced Lao Family Community, Inc.
Mexican American Legal Defense and Educational Fund
Self-Help for the Elderly
Southern California Council of Chinese Schools
Tongan Community Service Center
One individual
Opposition
None on file.
Analysis Prepared by : Nichole Becker / E. & R. / (916)
319-2094