Bill Text: CA SB288 | 2009-2010 | Regular Session | Enrolled

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Bill Title: Elections: names of candidates.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2010-01-19 - Stricken from Senate file. [SB288 Detail]

Download: California-2009-SB288-Enrolled.html

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BILL NUMBER: SB 288	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 24, 2009
	PASSED THE ASSEMBLY  AUGUST 17, 2009
	AMENDED IN ASSEMBLY  JULY 16, 2009
	AMENDED IN ASSEMBLY  JUNE 15, 2009
	AMENDED IN SENATE  APRIL 21, 2009
	AMENDED IN SENATE  APRIL 14, 2009

INTRODUCED BY   Senator Yee
   (Coauthor: Assembly Member Eng)

                        FEBRUARY 24, 2009

   An act to add Section 13211.7 to the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 288, Yee. Elections: names of candidates.
   Existing law requires the translation of ballots and ballot
materials into languages other than English when specified
circumstances exist.
   This bill would require that, if a jurisdiction provides a
translation of the candidates' alphabet-based names into a
character-based language, such as Chinese, Japanese, or Korean,
phonetic transliterations of the alphabet-based names of candidates
be provided. The bill would also permit a specified jurisdiction that
provides translations of candidates' names to establish a process by
which specified candidates may appeal the translation of his or her
alphabet-based name in addition to procedures available under current
law.
   This bill would provide an exception for a candidate who has a
character-based name by birth or has verifiably been known by a
character-based name for at least 2 years to permit him or her to use
that name on the ballot instead of a phonetic transliteration.
   This bill would require that, if a jurisdiction provides separate
ballots containing translations of the candidates' names in different
languages, both the alphabet-based names and the translations of the
candidates' names appear on the translated ballot.
   This bill would also require a county to purchase voting equipment
that permits compliance with this section as a part of any new
purchase of voting equipment.
   Because the bill would impose additional duties on local elections
officials, it would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13211.7 is added to the Elections Code, to
read:
   13211.7.  (a) (1) In jurisdictions that are required to provide a
translation of ballot materials into a language other than English
pursuant to Section 9054 or 13209 of this code, or Section 203 (42
U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)
(4)) of the federal Voting Rights Act of 1965, the ballots that
provide a translation of the candidate's name shall contain a
phonetic transliteration of the candidate's name.
   (2) This section applies only to character-based languages,
including Mandarin Chinese, Cantonese, Japanese, and Korean.
   (3) A jurisdiction that provides translations of candidate's names
on the ballot may establish a local appeal process to challenge the
translation of a candidate's name on the ballot, for a candidate
running for office exclusively within that jurisdiction and who is
not running for an office listed in paragraphs 1 through 5 of
subdivision (b) of Section 15375. This shall not preclude a candidate
from exercising his or her rights under Section 13314.
   (4) (A) In a jurisdiction in which separate ballots containing
translations of the candidates' names are printed in different
languages, both the alphabet-based names and the translations of the
candidates' names, for candidates that have translated names, shall
appear on the translated ballot.
   (B) If a jurisdiction is unable to comply with this paragraph due
to limitations of their existing voting system, any new voting system
purchased by the jurisdiction after June 1, 2010, shall be able to
accommodate the requirements of this paragraph.
   (b) Notwithstanding subdivision (a), if a candidate has a
character-based name by birth, which can be verified by birth
certificate or other valid identification, he or she may use that
name on the ballot instead of a phonetic transliteration. 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, may use that name instead of a
phonetic transliteration.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.