BILL ANALYSIS Ó
SB
88
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SENATE THIRD READING
SB 88 (Yee)
As Amended June 23, 2011
Majority vote
SENATE VOTE :39-0
ELECTIONS 7-0 APPROPRIATIONS 16-0
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|Ayes:|Fong, Logue, Bonilla, |Ayes:|Fuentes, Harkey, |
| |Hall, Mendoza, Swanson, | |Blumenfield, Bradford, |
| |Valadao | |Charles Calderon, Campos, |
| | | |Donnelly, Gatto, Hall, |
| | | |Hill, Lara, Mitchell, |
| | | |Nielsen, Norby, Solorio, |
| | | |Wagner |
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SUMMARY : Requires a candidate's alphabet-based name to be
phonetically transliterated when the jurisdiction is required to
translate ballot materials into languages other than English
unless certain conditions are met. Specifically, this bill :
1)Requires ballots to contain phonetic transliterations of
candidates' names whenever ballot materials are translated
into a language other than English that is a character-based
language, including Mandarin Chinese, Cantonese, Japanese, and
Korean.
2)Provides that in a jurisdiction in which separate ballots
containing translations of the candidates' names are required
to be printed in different languages, both the alphabet-based
name and the translation of the candidate's name, for
candidates that have translated names, shall appear on the
translated ballot. Provides that if a jurisdiction is unable
to comply with this requirement due to limitations of its
voting system, any new system purchased by the jurisdiction
after June 1, 2012, shall be able to accommodate the
requirement.
3)Clarifies that all translated ballot materials in an election
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must use the same translated name, whether phonetic
transliteration or character-based, for a candidate.
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 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 that he or she has been known and
identified within the public sphere by that name over the past
two years, to use that name instead of a phonetic
transliteration.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor annual reimbursable costs for counties to
include phonetic transliterations or character-based names on
ballot materials.
COMMENTS : 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.
"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
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through his actual name or accomplishments. . . .
"SB 88 will help protect the integrity of ballots by ensuring
that non-English speaking communities are accurately informed of
who they are voting for. SB 88 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."
SB 288 (Yee) of 2009, which was similar to this bill, was vetoed
by Governor Schwarzenegger. In his veto message the Governor
argued that a change in state policy is unnecessary, and that
local jurisdictions can adopt a policy regarding the
translations of candidates' names if necessary.
Analysis Prepared by : Lori Barber / E. & R. / (916) 319-2094
FN: 0001515