BILL NUMBER: AB 1443	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chau

                        FEBRUARY 27, 2015

   An act to amend Section 14201 of the Elections Code, relating to
voting rights.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1443, as introduced, Chau. Voting rights: language assistance.
   Existing law, in counties where the Secretary of State has
determined that it is appropriate, requires each precinct board to
post, in a conspicuous location in the polling place, at least one
facsimile copy of the ballot with the ballot measures and ballot
instructions printed in Spanish. Existing law, in determining if it
is appropriate to post the election materials in Spanish or other
languages, requires the Secretary of State to make certain
determinations, or receive information which gives the Secretary of
State sufficient reason to believe a need for the furnishing of
facsimile ballots, in order for the Secretary of State to find a need
to post at least one facsimile copy of the ballot with the ballot
measures and ballot instructions printed in Spanish or other
applicable language in the affected polling places. Existing law
requires the Secretary of State to make these determination and
findings by January 1 of each year in which the Governor is elected.
   This bill would require the Secretary of State to notify a county
elections official at least 24 months before the Secretary of State
will begin making the determination whether it is appropriate to post
the election materials in Spanish or other languages.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 14201 of the Elections Code is amended to read:

   14201.  (a) (1) The precinct board shall post, in a conspicuous
location in the polling place, at least one facsimile copy of the
ballot with the ballot measures and ballot instructions printed in
Spanish. Facsimile ballots shall also be printed in other languages
and posted in the same manner if a significant and substantial need
is found by the elections official.
   (2) In those counties which are required under the provisions of
the federal Voting Rights Act of 1965, as extended by Public Law
94-73, to furnish ballots in other than the English language, the
posting of the facsimile ballot in that particular language shall not
be required.
   (3) This subdivision shall remain in effect until the Secretary of
State makes the determinations and findings required by this
section.
   (b) In counties where the Secretary of State has determined that
it is appropriate, each precinct board shall post, in a conspicuous
location in the polling place, at least one facsimile copy of the
ballot with the ballot measures and ballot instructions printed in
Spanish. If the Secretary of State determines that it is appropriate
to post the election materials in Spanish in only certain precincts
in the county, the material shall be posted in the polling places
situated in those precincts. Facsimile ballots shall also be printed
in other languages and posted in the same manner if a significant and
substantial need is found by the Secretary of State.
   (c) In determining whether it is appropriate to post the election
materials in Spanish or other languages, the Secretary of State shall
determine the number of residents of voting age in each county and
precinct who are members of a single language minority, and who lack
sufficient skills in English to vote without assistance. If the
number of these residents equals 3 percent or more of the voting age
residents of a particular county or precinct, or in the event that
interested citizens or organizations provide the Secretary of State
with information which gives the Secretary of State sufficient reason
to believe a need for the furnishing of facsimile ballots, the
Secretary of State shall find a need to post at least one facsimile
copy of the ballot with the ballot measures and ballot instructions
printed in Spanish or other applicable language in the affected
polling places.
   (d)  (1)    The Secretary of State shall make
the determinations and findings set forth in subdivisions (b) and (c)
by January 1 of each year in which the Governor is elected.
    (2)     The Secretary of State shall notify
a county elections official at least 24 months before the Secretary
of State will begin making the determination whether it is
appropriate to post the election materials in Spanish or other
languages. 
   (e) In those precincts where ballots printed in a language other
than English are available for use by the voters at the polls, the
posting of a facsimile ballot in that particular language shall not
be required.
   (f) It is the intent of the Legislature that non-English-speaking
citizens, like all other citizens, should be encouraged to vote.
Therefore, appropriate efforts should be made on a statewide basis to
minimize obstacles to voting by citizens who lack sufficient skill
in English to vote without assistance.