BILL ANALYSIS �
SB 654
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SENATE THIRD READING
SB 654 (Leno and Padilla)
As Amended September 3, 2013
Majority vote
SENATE VOTE :28-9
ELECTIONS 5-2 APPROPRIATIONS 12-5
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|Ayes:|Fong, Bocanegra, Bonta, |Ayes:|Gatto, Bocanegra, |
| |Hall, Perea | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Hall, |
| | | |Holden, Pan, Quirk, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Donnelly, Logue |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Linder, Wagner |
| | | | |
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SUMMARY : Requires the Attorney General (AG), if proponents
intend to circulate a proposed state measure initiative, to
translate the title and summary of the proposed initiative into
each language in which the state or a county is required to
provide voting materials. Requires the Secretary of State
(SOS), if proponents intend to circulate a proposed recall
petition, to translate the title and summary of the proposed
recall petition into each language in which the state or a
county is required to provide voting materials. Specifically,
this bill :
1)Requires the proponents of a state initiative measure, if they
intend to circulate the initiative measure petition, to notify
the AG of their intention to circulate the petition no later
than five business days after receipt of the copy of the
circulating title and summary from the AG.
2)Requires the AG, upon receipt of the proponents' notice of
intention to circulate, to prepare a translation of the
circulating title and summary of the measure in each language
in which the state or a county is required to provide voting
materials pursuant to federal law. Requires the AG, no later
than 10 days after receipt of the notice of intention to
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circulate, to provide a copy of each translation to the
proponents and the SOS.
3)Requires the AG, if the proponents do not notify the AG of
their intention to circulate the petition, to notify the SOS
of that fact, and provides that the proponents' request for a
circulating title and summary is deemed to be withdrawn and
the petition shall not be circulated for signature.
4)Requires the circulator of an initiative petition who
circulates the petition in a county required to provide voting
materials pursuant to federal law to attach the translated
circulating title and summary prepared by the AG to the
petition and make it available to each person whom the
circulator solicits in that language to sign the petition and
any other person upon request.
5)Requires the SOS to prepare a translation of a recall petition
of a state officer in each language in which the state or a
county is required to provide voting materials pursuant to
federal law. Requires the SOS, if the officer sought to be
recalled is a State Senator, Member of the Assembly, Member of
the Board of Equalization, or justice of a court of appeal, to
prepare a translation of the petition in each language in
which the state or a county included within the officer's
electoral jurisdiction is required to provide voting materials
pursuant to federal law.
6)Requires the SOS, within 10 days after ascertaining that the
proposed form and wording of a recall petition complies with
existing law, to provide a copy of each translation to the
proponents.
7)Requires a copy of the translation of the recall petition
prepared by the SOS to be attached to the petition and made
available to each person whom the circulator solicits in that
language to sign the petition and to any other person upon
request.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Annual General Fund costs of about $130,000 to the AG for one
position and for translation services, based on estimated
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costs of about $390 per measure to translate into nine
languages.
2)The SOS estimates costs of about $4,000 per petition for
translation of recall petitions into nine languages. The
number of recalls attempted over the past 25 years has
averaged 3.2, with a high of 17 and several years with none.
In most years, the SOS's total costs for this activity would
be very minor, but could exceed $50,000 if more than 12
petitions were submitted and designated by the proponents for
circulation.
COMMENTS : According to the author, "California is a diverse
state with a government selected by the votes of its citizens.
In addition, we have a robust initiative process designed to put
lawmaking in the hands of the people. Federal law recognizes
that many Americans rely heavily on languages other than
English, and that they require information in minority languages
in order to be informed voters and participate effectively in
our representative democracy.
"The Federal Voting Rights Act of 1965 protects the rights of
limited English proficient (LEP) voters by providing language
accessible election materials (i.e. official state voter's guide
and sample ballot) in their primary language. In California, the
languages covered by the Federal Voting Rights Act include
Spanish, Chinese, Vietnamese, Japanese, Korean, and Tagalog.
However, ballot initiative?petitions circulated in hopes of
qualifying for the ballot are not covered by current law. As a
result, millions of LEP voters [are] excluded from playing a
role in determining what initiatives qualify for the ballot? SB
654 will allow LEP voters to fully participate in the initiative
process by requiring the Attorney General to translate the title
and summary of the proposed initiative?or recall petition, as
applicable, into the applicable languages covered in that
county."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Nichole Becker / E. & R. / (916)
319-2094
SB 654
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FN: 0002128