AB 2003, as introduced, Fong. Ballot materials: translations.
Existing law requires each county elections official to prepare separate sample ballots for each political party and a separate sample nonpartisan ballot, as specified. Existing law requires the elections official to send to each voter, together with the sample ballot, a voter’s pamphlet that contains the written statements of each candidate. Existing law requires the elections officials to provide a Spanish translation to those candidates who wish to have one and requires that the person selected to provide that translation be from a 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.
This bill would also allow the elections official to select an accredited translator registered with the American Translators Association to provide the translation.
Existing law requires the public posting of specified voting information at each polling place on the day of each election. Existing law requires the precinct board to post, in a conspicuous location at the polling place, at least one facsimile copy of the ballot with the ballot measures and ballot instructions printed in Spanish and facsimile ballots printed in other languages if a significant and substantial need is found by the elections official. Existing law requires that each translation of the ballot measures and ballot instructions posted at the polling place be provided by a person selected by the elections official from the list of approved translators and interpreters of the superior court of the county or from an institution accredited by the Western Association of Schools and Colleges.
This bill would also allow the elections official to select an accredited translator registered with the American Translators Association to provide the translation.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 13307 of the Elections Code is amended
2to read:
(a) (1) Each candidate for nonpartisan elective office
4in any local agency, including any city, county, city and county,
5or district, may prepare a candidate’s statement on an appropriate
6form provided by the elections official. The statement may include
7the name, age, and occupation of the candidate and a brief
8description, of no more than 200 words, of the candidate’s
9education and qualifications expressed by the candidate himself
10or herself. However, the governing body of the local agency may
11authorize an increase in the limitations on words for the statement
12from 200 to 400 words. The statement shall not include the party
13affiliation of the candidate, nor membership or activity in partisan
14political organizations.
15(2) The statement
authorized by this subdivision shall be filed
16in the office of the elections official when the candidate’s
17nomination papers are returned for filing, if it is for a primary
18election, or for an election for offices for which there is no primary.
19The statement shall be filed in the office of the elections official
20no later than the 88th day before the election, if it is for an election
21for which nomination papers are not required to be filed. If a runoff
22election or general election occurs within 88 days of the primary
23or first election, the statement shall be filed with the elections
24official by the third day following the governing body’s declaration
25of the results from the primary or first election.
26(3) Except as provided in Section 13309, the statement may be
27withdrawn, but not changed, during the period for filing nomination
P3 1papers and until 5 p.m. of the next working day after the close of
2the nomination period.
3(b) The elections official shall send to each voter, together with
4the sample ballot, a voter’s pamphlet which contains the written
5statements of each candidate that is prepared pursuant to this
6section. The statement of each candidate shall be printed in type
7of uniform size and darkness, and with uniform spacing. The
8elections official shall provide a Spanish translation to those
9candidates who wish to have onebegin delete,end delete and shall select a person to
10provide that translationbegin insert. The person selected to provide the
11translation shall beend insert from the list of approvedbegin delete Spanish languageend delete
12begin insert Spanish-languageend insert
translators and interpreters of the superior court
13of the countybegin delete orend deletebegin insert, have an applicable translation degreeend insert from an
14institution accredited by the Western Association of Schools and
15Collegesbegin insert, or be an accredited Spanish-language translator
16registered with the American Translators Associationend insert.
17(c) The local agency may estimate the total cost of printing,
18handling, translating, and mailing the candidate’s statements filed
19pursuant to this section, including costs incurred as a result of
20complying with the federal Voting Rights Act of 1965, as amended.
21The local agency may require each candidate filing a statement to
22pay in advance to the
local agency his or her estimated pro rata
23share as a condition of having his or her statement included in the
24voter’s pamphlet. In the event the estimated payment is required,
25the receipt for the payment shall include a written notice that the
26estimate is just an approximation of the actual cost that varies from
27one election to another election and may be significantly more or
28less than the estimate, depending on the actual number of
29candidates filing statements. Accordingly, the local agency is not
30bound by the estimate and may, on a pro rata basis, bill the
31candidate for additional actual expense or refund any excess paid
32depending on the final actual cost. In the event of underpayment,
33the local agency may require the candidate to pay the balance of
34the cost incurred. In the event of overpayment, the local agency
35which, or the elections official who, collected the estimated cost
36shall prorate the excess amount among the candidates and refund
37the excess amount paid within 30 days of the election.
38(d) Nothing in this section shall be deemed to make any
39statement, or the authors thereof, free or exempt from any civil or
40criminal action or penalty because of any false, slanderous, or
P4 1libelous statements offered for printing or contained in the voter’s
2pamphlet.
3(e) Before the nominating period opens, the local agency for
4that election shall determine whether a charge shall be levied
5against that candidate for the candidate’s statement sent to each
6voter. This decision shall not be revoked or modified after the
7seventh day prior to the opening of the nominating period. A
8written statement of the regulations with respect to charges for
9handling, packaging, and mailing shall be provided to each
10candidate or his or her representative at the time he or she picks
11up the nomination papers.
12(f) For purposes of this section
and Section 13310, the board of
13supervisors shall be deemed the governing body of judicial
14elections.
Section 14111 of the Elections Code is amended to
16read:
Translations of the ballot measures and ballot
18instructions, as required by Section 14201, shall be provided by a
19person selected by the elections officialbegin insert. The person selected to
20provide the translation shall beend insert from the list of approved translators
21and interpreters of the superior court of the countybegin delete orend deletebegin insert, have a
22translation degreeend insert from an institution accredited by the Western
23Association of Schools and Collegesbegin insert, or be an accredited
translator
24registered with the American Translators Associationend insert.
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