BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          ELECTIONS AND CONSTITUTIONAL AMENDMENTS
                              Senator Ben Allen, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 366         Hearing Date:    4/7/15    
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          |Author:    |Nguyen                                               |
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          |Version:   |2/24/15                                              |
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          |Urgency:   |No                     |Fiscal:    |No               |
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          |Consultant:|Frances Tibon Estoista                               |
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                      Subject:  Ballot materials: translations

           DIGEST
           
          This bill would expand the group of acceptable translators of  
          election materials to include persons appearing on the Judicial  
          Council's Master List, persons qualified by the Administrative  
          Office of the United States Courts, persons from an institution  
          accredited by a regional or national accrediting agency  
          recognized by the United States Secretary of Education, and  
          members of certain professional organizations.

           ANALYSIS
           
          Existing law:

           1. Requires an elections official to send to each voter,  
             together with the sample ballot, a voter's pamphlet which  
             contains the written  statements  of each candidate as  
             prescribed in statute. The elections official is required to  
             provide a Spanish translation to those candidates who wish to  
             have one, and shall select a person to provide that  
             translation from the list of approved Spanish language  
             translators and interpreters of the superior court of the  
             county or from an institution accredited by the Western  
             Association of Schools and Colleges (WASC).

           2. Provides for translations of the ballot  measures  and ballot  
              instructions  , be provided by a person selected by the  
             elections official from the list of approved translators and  







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             interpreters of the superior court of the county or from an  
             institution accredited by the WASC.

          This bill:

           1. Requires an elections official to provide a Spanish  
             translation to those candidates who wish to have one; also  
             requires the elections official provide translations of the  
             ballot measures and ballot instructions, and to select a  
             person to provide those translations who is one of the  
             following:

              A.    A certified and registered interpreter on the Judicial  
                Council Master List.
              B.    An interpreter categorized as "certified" or  
                "professionally qualified" by the
                Administrative Office of the United States Courts.
              C.    From an institution accredited by a regional or  
                national accrediting agency
                recognized by the United States Secretary of Education.

              D.    A current voting member in good standing of the  
                American Translators
                  Association
              E.    A current member in good standing of the American  
                Association of Language
                Specialists.

           BACKGROUND
           
          Existing law authorizes the use of translators from two sources.  
           Local elections officials may use translators approved by the  
          1) Superior Court of the county in which they serve, or  
          translators from an institution accredited by the 2) Western  
          Association of Schools and Colleges (WASC).  WASC is an  
          institution approved by the United States Secretary of Education  
          to accredited colleges and universities in California, Hawaii  
          and some US territories such as Guam and American Samoa.

           COMMENTS
           
            3. According to the author  :  SB 366 will expand the list of  
             approved translators from which local elections officials can  
             choose.  Elections officials will be able to contract with  








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             translators approved and certified by the California State  
             Courts or the US Federal Courts, translators not only from  
             WASC accredited schools and universities but from any  
             similarly accredited institutions across the country, and  
             translators who belong to either the American Translators  
             Association or the American Association of Language  
             Specialists, two professional associations known  
             internationally as leaders in the translation industry.

           All of these organizations hold their translators to similar or  
             higher standards than the organizations already in existing  
             law.  Creating additional options for local elections  
             officials will give them access to better and more cost  
             effective translators throughout the state and the country,  
             allowing for a more efficient use of public money and  
             resources.

           RELATED/PRIOR LEGISLATION
           
          AB 2003 (Fong) of 2013, would have allowed the county elections  
          official to select an accredited translator registered with the  
          American Translators Association to provide among other things,  
          the translation of ballot measures and ballot instructions.  AB  
          2003 died prior to being heard in Assembly Elections and  
          Redistricting Committee.
            
           POSITIONS
           
          Sponsor: California Association of Clerks and Election Officials

           Support: None received

           Oppose:  None received

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