Bill Text: CA SB366 | 2015-2016 | Regular Session | Chaptered
Bill Title: Ballot materials: translations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-08-07 - Chaptered by Secretary of State. Chapter 144, Statutes of 2015. [SB366 Detail]
Download: California-2015-SB366-Chaptered.html
BILL NUMBER: SB 366 CHAPTERED
BILL TEXT
CHAPTER 144
FILED WITH SECRETARY OF STATE AUGUST 7, 2015
APPROVED BY GOVERNOR AUGUST 7, 2015
PASSED THE SENATE APRIL 16, 2015
PASSED THE ASSEMBLY JULY 9, 2015
INTRODUCED BY Senator Nguyen
FEBRUARY 24, 2015
An act to amend Sections 13307 and 14111 of the Elections Code,
relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 366, Nguyen. 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.
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 expand the group of acceptable translators for
purposes of those provisions to include persons appearing on the
Judicial Council 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13307 of the Elections Code is amended to read:
13307. (a) (1) Each candidate for nonpartisan elective office in
any local agency, including any city, county, city and county, or
district, may prepare a candidate's statement on an appropriate form
provided by the elections official. The statement may include the
name, age, and occupation of the candidate and a brief description,
of no more than 200 words, of the candidate's education and
qualifications expressed by the candidate himself or herself.
However, the governing body of the local agency may authorize an
increase in the limitations on words for the statement from 200 to
400 words. The statement shall not include the party affiliation of
the candidate, nor membership or activity in partisan political
organizations.
(2) The statement authorized by this subdivision shall be filed in
the office of the elections official when the candidate's nomination
papers are returned for filing, if it is for a primary election, or
for an election for offices for which there is no primary. The
statement shall be filed in the office of the elections official no
later than the 88th day before the election, if it is for an election
for which nomination papers are not required to be filed. If a
runoff election or general election occurs within 88 days of the
primary or first election, the statement shall be filed with the
elections official by the third day following the governing body's
declaration of the results from the primary or first election.
(3) Except as provided in Section 13309, the statement may be
withdrawn, but not changed, during the period for filing nomination
papers and until 5 p.m. of the next working day after the close of
the nomination period.
(b) (1) The elections official shall send to each voter, together
with the sample ballot, a voter's pamphlet which contains the written
statements of each candidate that is prepared pursuant to this
section. The statement of each candidate shall be printed in type of
uniform size and darkness, and with uniform spacing.
(2) The elections official shall provide a Spanish translation to
those candidates who wish to have one, and shall select a person to
provide that translation 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.
(c) The local agency may estimate the total cost of printing,
handling, translating, and mailing the candidate's statements filed
pursuant to this section, including costs incurred as a result of
complying with the federal Voting Rights Act of 1965, as amended. The
local agency may require each candidate filing a statement to pay in
advance to the local agency his or her estimated pro rata share as a
condition of having his or her statement included in the voter's
pamphlet. In the event the estimated payment is required, the receipt
for the payment shall include a written notice that the estimate is
just an approximation of the actual cost that varies from one
election to another election and may be significantly more or less
than the estimate, depending on the actual number of candidates
filing statements. Accordingly, the local agency is not bound by the
estimate and may, on a pro rata basis, bill the candidate for
additional actual expense or refund any excess paid depending on the
final actual cost. In the event of underpayment, the local agency may
require the candidate to pay the balance of the cost incurred. In
the event of overpayment, the local agency which, or the elections
official who, collected the estimated cost shall prorate the excess
amount among the candidates and refund the excess amount paid within
30 days of the election.
(d) Nothing in this section shall be deemed to make any statement,
or the authors thereof, free or exempt from any civil or criminal
action or penalty because of any false, slanderous, or libelous
statements offered for printing or contained in the voter's pamphlet.
(e) Before the nominating period opens, the local agency for that
election shall determine whether a charge shall be levied against
that candidate for the candidate's statement sent to each voter. This
decision shall not be revoked or modified after the seventh day
prior to the opening of the nominating period. A written statement of
the regulations with respect to charges for handling, packaging, and
mailing shall be provided to each candidate or his or her
representative at the time he or she picks up the nomination papers.
(f) For purposes of this section and Section 13310, the board of
supervisors shall be deemed the governing body of judicial elections.
SEC. 2. Section 14111 of the Elections Code is amended to read:
14111. Translations of the ballot measures and ballot
instructions, as required by Section 14201, shall be provided by a
person selected by the elections official 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.
