BILL ANALYSIS Ó
SB 88
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Date of Hearing: July 6, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 88 (Yee) - As Amended: June 23, 2011
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 transliterated,
except in specified circumstances. Specifically, this bill:
1)Requires ballot materials to include phonetic transliterations
of candidates' names in those jurisdictions, required pursuant
to the federal Voting Rights Act, to provide translated ballot
materials into a character-based language, including Mandarin,
Chinese, Cantonese, Japanese, and Korean.
2)Requires, if a candidate's name appears on the ballot in more
than one jurisdiction, that all jurisdictions use the same
phonetic transliteration or character-based translation of the
name.
3)Requires, in counties where separate ballots containing
translations of a candidate's name are printed in different
languages, ballot materials to include both the alphabet-based
name and the translation of a candidate's name. A jurisdiction
unable to comply with this provision due to limitations of its
existing voting system, must meet this requirement if
purchasing a new voting system after January 1, 2012.
4)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.
5)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
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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.
FISCAL EFFECT
Minor annual reimbursable costs for counties to include phonetic
transliterations or character-based names on ballot materials.
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.
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
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)Prior Legislation . In 2009, SB 288 (Yee), an almost identical
bill, was vetoed by Governor Schwarzenegger, who argued that a
change in state policy was unnecessary, and that local
jurisdictions could adopt this policy if necessary.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081
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