BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 88|
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THIRD READING
Bill No: SB 88
Author: Yee (D), et al.
Amended: 3/9/11
Vote: 21
SENATE ELECTIONS & C. A. COMM. : 5-0, 3/15/11
AYES: Correa, La Malfa, De León, Gaines, Lieu
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Elections: names of candidates
SOURCE : Author
DIGEST : This bill requires that, if a jurisdiction
provides a translation of the candidates' alphabet-based
names into a character-based language, such as Chinese,
Japanese, or Korean, phonetic transliterations of the
alphabet-based names of candidates be provided. This bill
also permits a specified jurisdiction that provides
translations of candidates' names to establish a process by
which specified candidates may appeal the translation of
his/her alphabet-based name in addition to procedures
available under current law.
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/her name within one year of any election, the
new name shall not appear upon the ballot unless the change
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was made by either marriage or decree of any court of
competent jurisdiction.
This bill requires that phonetic translations of the
English names of candidates be provided whenever the ballot
materials are required to be translated, and applies only
to character-based languages, including Mandarin Chinese,
Cantonese, Japanese, and Korean. This bill 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:
Member of the Assembly, Senate, United States House of
Representatives, or State Board of Equalization
Justice of the Court of Appeal
Judge of the superior court
This bill 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 the candidates' names. This bill further 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,
2012, shall be able to print both the alphabet-based and
translated names. This bill 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.
This bill 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/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.
Background
Currently, candidates for public office are allowed to
submit any name of their choosing as the "translation" of
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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 lections 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 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)
Prior legislation . SB 288 (Yee, 2009), which was identical
to this bill, was vetoed by Governor Schwarzenegger. In
his veto message, the Governor stated, in part: "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
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candidates in local races. I encourage local elections
officials to continue to address the concerns raised in
this bill at the local level."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 4/13/11)
American Federation of State, County and Municipal
Employees, AFL-CIO
California Communities United Institute
City and County of San Francisco
Japanese American Citizens League
Korean American Bar Association of Southern California
OPPOSITION : (Verified 4/13/11)
California Association of Clerks and Election Officials
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. On the flip side, this bill
will also protect people who legitimately 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. This bill 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. This bill 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
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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.
ARGUMENTS IN OPPOSITION : The California Association of
Clerks and Election Officials writes that they "oppose this
bill, unless amended to remove subsection (a)(3) of
Elections Code Section 13217.1, which specifically allows a
jurisdiction to establish a local appeal process to
challenge the translation of a candidate's name. We are
aware that at least one jurisdiction currently has such a
process, and we find nothing in the law that would prohibit
individual jurisdictions from establishing a local process.
However, specifically setting forth this option in the
Elections Code would result in undue pressure being exerted
on those jurisdictions that feel the appropriate venue for
challenges is the court system as set forth in Section
13314."
DLW:mw 4/13/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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