Existing law establishes the Secretary of State as the chief elections officer of the state and requires that he or she ensure that elections are efficiently conducted and that state election laws are enforced. Existing law declares the intent of the Legislature that non-English-speaking citizens, like all other citizens, should be encouraged to vote and that appropriate efforts should be made to minimize obstacles to voting by citizens who lack sufficient skill in English to vote without assistance.

This bill would require the Secretary of State to establish a Language Accessibility Advisory Committee. The committee would consist of at least 15 members and would include the Secretary of State, his or her designees, and additional members appointed by the Secretary of State who have demonstrated language accessibility experience, have knowledge of methods for presenting election materials, or are county elections officials or their designee. The bill would require the Secretary of State to consult with and consider the recommendations of the committee.

Existing law establishes the Secretary of State as the chief elections officer of the state and requires that he or she ensure that elections are efficiently conducted and that state election laws are enforced. Existing law declares the intent of the Legislature that non-English-speaking citizens, like all other citizens, should be encouraged to vote and that appropriate efforts should be made to minimize obstacles to voting by citizens who lack sufficient skill in English to vote without assistance.

This bill would require the Secretary of State to establish a Language Accessibility Advisory Committee. The committee would consist of at least 15 members and would include the Secretary of State, his or her designees, and additional members appointed by the Secretary of State who have demonstrated language accessibility experience, have knowledge of methods for presenting election materials, or are county elections officials or their designee. The bill would require the Secretary of State to consult with and consider the recommendations of the committee.

Existing law establishes the Secretary of State as the chief elections officer of the state and requires that he or she ensure that elections are efficiently conducted and that state election laws are enforced. Existing law declares the intent of the Legislature that non-English-speaking citizens, like all other citizens, should be encouraged to vote and that appropriate efforts should be made to minimize obstacles to voting by citizens who lack sufficient skill in English to vote without assistance.

This bill would require the Secretary of State to establish a Language Accessibility Advisory Committee. The committee would consist of at least 15 members and would include the Secretary of State, his or her designees, and additional members appointed by the Secretary of State who either have demonstrated language accessibility experience for languages covered under the federal Voting Rights Act of 1965 experience, have knowledge of methods for presenting election materials, or are county elections officials. officials or their designee. The bill would require the Secretary of State to consult with and consider the recommendations of the committee.

Existing law establishes the Secretary of State as the chief elections officer of the state and requires that he or she ensure that elections are efficiently conducted and that state election laws are enforced. Existing law declares the intent of the Legislature that non-English-speaking citizens, like all other citizens, should be encouraged to vote and that appropriate efforts should be made to minimize obstacles to voting by citizens who lack sufficient skill in English to vote without assistance.

This bill would require the Secretary of State to establish a Language Accessibility Advisory Committee. The committee would consist of at least 15 members and would include the Secretary of State, his or her designees, and additional members appointed by the Secretary of State who either have demonstrated language accessibility experience for languages covered under the federal Voting Rights Act of 1965 or are county elections officials. The bill would require the Secretary of State to consult with and consider the recommendations of the committee.

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.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1443

Author:(Chau)

As Amended Ver:August 17, 2015

Majority vote

Original Committee Reference: E. & R.

SUMMARY: Requires the Secretary of State (SOS) to establish a Language Accessibility Advisory Committee (LAAC), as specified. Specifically, this bill:

1. Requires the SOS to establish a LAAC.

2. Requires the LAAC to consist of the SOS and his or her designee or designees and additional members appointed by the SOS.

3. Requires the appointees to either have demonstrated language accessibility experience or be a county elections official.

4. Requires the SOS to consult with and consider the recommendations of the committee.

5) Requires the committee to serve in an advisory capacity to the SOS.

The Senate amendments:

1. Require the LAAC to meet no less than four times each calendar year.

2. Require the LAAC to consist of no less than 15 members.

3. Clarify that the LAAC appointees have to demonstrate language accessibility experience, have knowledge of presenting election materials to voters using plain language methods or another method that is easy for voters to access and understand, or be a county elections official or his or her designee.

4. Require at least three county elections officials to be appointed to the LAAC.

EXISTING LAW:

1. Declares the intent of the Legislature that non-English-speaking citizens, like other citizens, should be encouraged to vote and that appropriate efforts should be made to minimize obstacles to voting by citizens who lack sufficient skill in English to vote without assistance.

2. Requires the SOS, by January 1 of each year in which the Governor is elected, to determine the precincts where three percent or more of the voting age residents are members of a single language minority and lack sufficient skills in English to vote without assistance. For each specified precinct in their county, elections officials are required to do the following:

   1. Translate a facsimile ballot and related instructions in the specified language(s); and,

   2. Post the translation(s) in a conspicuous location in the appropriate polling place.

3. Requires elections officials to make reasonable efforts to recruit election officials who are fluent in a language if three percent or more of the voting age residents in any precinct are fluent in that language and lack sufficient skill in English to vote without assistance.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS: According to the author, "Nearly 16 million California voters receive materials in a variety of required primary languages such as Spanish, Chinese, Hindi, Japanese, Khmer, Korean, Tagalog, Thai, and Vietnamese. Language accessible elections materials may include registration forms, voting notices, voting instructions, ballots, sample ballots, polling place notices, and voter information pamphlets. AB 1443 establishes in the Office of the Secretary of State a committee of appointed specialists to advise state and local elections officials on best practices to address language accessibility needs of voters."

The Senate amendments require the LAAC to meet not less than four times each calendar year, to consist of not less than 15 members, and to require at least three county elections officials to be appointed to the committee. In addition, the Senate amendments clarify that appointees must have demonstrated language accessibility experience, have knowledge of presenting election materials to voters using plain language methods or another method that is easy for voters to access and understand, or a county elections official or his or her designee.

This bill, as amended in the Senate, is consistent with the Assembly actions.

Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094 FN: 0001455

 THIRD READING  

Bill No: AB 1443

Author: Chau (D)

Amended: 8/17/15 in Senate

Vote: 21

SENATE ELECTIONS & C.A. COMMITTEE: 4-0, 6/30/15

AYES: Allen, Anderson, Hertzberg, Liu

NO VOTE RECORDED: Hancock

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 74-0, 5/22/15 (Consent) - See last page for vote

SUBJECT: Voters: language accessibility

SOURCE: Secretary of State Alex Padilla

Asian Americans Advancing Justice – Los Angeles

National Association of Latino Elected and Appointed Officials

DIGEST: This bill requires the Secretary of State (SOS) to establish a Language Accessibility Advisory Committee, as specified.

ANALYSIS: Existing federal law:

1. Requires a state or a political subdivision of a state to provide voting materials in the language of a minority group when that group within the jurisdiction has an illiteracy rate that is higher than the national illiteracy rate, and the number of the United States citizens of voting age in that single language group within the jurisdiction meets at least one of the following:

1. Numbers more than 10,000;

2. Makes up more than five percent of all voting age citizens; or,

3. On an Indian reservation, exceeds five percent of all reservation residents.

2. Requires a state or political subdivision of a state to provide voting materials in the language of a minority group if all of the following apply:

1. Over five percent of the voting age citizens were, on November 1, 1972, members of a single language minority group;

2. Registration and election materials were provided only in English on November 1, 1972; and,

3. Fewer than 50 percent of the voting age citizens were registered to vote or voted in the 1972 Presidential election.

3. Defines language minorities or language minority groups, for the purposes of the above provisions, to mean persons who are American Indian, Asian American, Alaskan Natives, or of Spanish heritage.

Existing state law:

1. Establishes the SOS as the chief elections officer of the state and requires that he or she ensure elections are efficiently conducted and that state election laws are enforced.

2. Declares the intent of the Legislature that non-English-speaking citizens, like other citizens, should be encouraged to vote and that appropriate efforts should be made to minimize obstacles to voting by citizens who lack sufficient skill in English to vote without assistance.

3. Requires the SOS, by January 1 of each year in which the Governor is elected, to determine the precincts where three percent or more of the voting age residents are members of a single language minority and lack sufficient skills in English to vote without assistance. For each specified precinct in their county, elections officials are required to do the following:

1. Translate a facsimile ballot and related instructions in the specified language(s); and,

2. Post the translation(s) in a conspicuous location in the appropriate polling place.

4. Requires elections officials to make reasonable efforts to recruit election officials who are fluent in a language if three percent or more of the voting age residents in any precinct are fluent in that language and lack sufficient skill in English to vote without assistance.

5. Requires, in counties where the SOS has determined it is appropriate, each precinct board to post, in a conspicuous location in the polling place, at least one copy of the ballot with ballot measures and ballot instructions printed in Spanish. Requires the ballot to be posted in other languages if a significant and substantial need is found by the SOS.

6. Provides that in determining whether it is appropriate to require a county to post a copy of the ballot at the precinct in a language other than English, the SOS shall find a need to post such translated copies of the ballot if the number of residents of voting age in the precinct who are members of a single language minority and who lack sufficient skills in English to vote without assistance equals three percent or more of the voting age residents in the precinct.

This bill:

1. Requires the SOS to establish a Language Accessibility Advisory Committee of no less than 15 members consisting of the SOS and his or her designee or designees and additional members appointed by the SOS.

2. Requires the appointees to have demonstrated language accessibility experience, have knowledge of presenting election materials to voters using plain language methods or another method that is easy for voters to access and understand, or be a county elections official or his or her designee. At least three county elections officials shall be appointed to the committee.

3. Requires the SOS to consult with and consider the recommendations of the committee.

4. Requires the committee to serve in an advisory capacity to the SOS and to meet no less than four times each calendar year.

Background

Voting Rights Act of 1965. The 15th Amendment to the United States Constitution provides, in part, "[t]he right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude." Additionally, the 15th Amendment authorizes Congress to enact legislation to enforce its provisions.

Congress determined that the existing federal anti-discrimination laws were not sufficient to overcome the resistance by state officials to enforce the 15th Amendment. As a result, Congress passed and President Johnson signed the Voting Rights Act of 1965 (VRA). The VRA provides, among other provisions, that "[n]o voting qualification or prerequisite to voting, or standard, practice, or procedure shall be imposed or applied by any State or political subdivision to deny or abridge that right of any citizen of the United States to vote on account of race or color."

In 1975, Congress adopted the language minority provisions of Sections 4(f)(4) and 203 of the VRA. Congress extended these provisions in 1982, 1992, and 2006. Sections 4(f)(4) and 203 of the VRA require certain jurisdictions with significant populations of voting age citizens who belong to a language minority community to provide voting materials in a language other than English.

These determinations are based on data from the most recent Census. Specifically, Sections 203 and 4(f)(4) require that when a covered state or political subdivision "[p]rovides registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable minority group as well as in the English language."

New Census Data. On October 13, 2011, the U.S. Census Bureau released a notice of determination of minority language status following the 2010 census. Pursuant to Section 203, the State of California is required to provide bilingual voting assistance to Spanish speakers. Additionally, pursuant to Section 203, 27 of California's 58 counties are individually required to provide bilingual voting assistance to Spanish speakers, and eight counties (Alameda, Los Angeles, Orange, Sacramento, San Diego, San Francisco, San Mateo, and Santa Clara) are required to provide voting materials in at least one language other than English and Spanish. In total, 28 of California's 58 counties are required to provide voting materials in at least one language other than English.

In addition, existing state law requires the SOS, in each gubernatorial election year, to determine the precincts where three percent or more of the voting age residents are members of a single language minority and lack sufficient skills in English to vote without assistance. According to a December 30, 2013 memo from the SOS's office, the SOS contracted with U.C. Berkeley to determine which precincts have reached the three percent threshold in the nine languages covered in California under federal law (Spanish, Chinese, Hindi, Japanese, Khmer, Korean, Tagalog, Thai, and Vietnamese).

According to the memo, based on the analysis data, the SOS has determined that most counties show an increase in the number of precincts with individuals who speak the nine languages that are covered. Depending on the data, the county elections officials will be required to translate a copy of the ballot and related instructions into the languages indicated and post them at the appropriate polling places.

Below is a breakdown of the counties that have additional languages required under state law (new languages are indicated in italics). According to the SOS's memo, these requirements will remain in place through December 31, 2017.

Statewide: Spanish

Alameda: Chinese, Spanish, Tagalog, Vietnamese, Hindi, Japanese, Khmer, Korean

Alpine: None

Amador: Spanish

Butte: Spanish

Calaveras: Spanish

Colusa: Spanish

Contra Costa: Spanish, Chinese, Tagalog, Japanese, Korean, Vietnamese

Del Norte: Spanish

El Dorado: Spanish, Tagalog

Fresno: Spanish, Chinese, Japanese, Khmer

Glenn: Spanish

Humboldt: Spanish

Imperial: Spanish

Inyo: Spanish

Kern: Spanish, Tagalog

Kings: Spanish, Tagalog

Lake: Spanish

Lassen: Spanish

Los Angeles: Spanish, Chinese, Hindi, Japanese, Khmer, Korean, Tagalog, Thai, Vietnamese

Madera: Spanish

Marin: Spanish, Vietnamese, Korean, Chinese

Mariposa: Spanish

Mendocino: Spanish, Chinese

Merced: Spanish

Modoc: Spanish

Mono: Spanish

Monterey: Spanish, Korean, Tagalog, Chinese, Vietnamese

Napa: Spanish, Tagalog, Chinese

Nevada: Spanish

Orange: Spanish, Chinese, Japanese, Korean, Tagalog, Vietnamese, Khmer

Placer: Spanish, Tagalog

Plumas: Spanish

Riverside: Spanish, Tagalog, Chinese, Korean, Vietnamese

Sacramento: Spanish, Chinese, Tagalog, Vietnamese, Hindi, Japanese, Korean

San Benito: Spanish

San Bernardino: Chinese, Korean, Tagalog, Vietnamese, Khmer

San Diego: Spanish, Chinese, Japanese, Spanish, Tagalog, Vietnamese, Khmer,

Korean, Hindi

San Francisco: Spanish, Chinese, Korean, Tagalog, Vietnamese, Japanese

San Joaquin: Spanish, Chinese, Tagalog, Vietnamese, Khmer, Hindi

San Luis Obispo: Spanish, Tagalog

San Mateo: Spanish, Chinese, Japanese, Tagalog, Hindi

Santa Barbara: Spanish, Tagalog, Chinese

Santa Clara: Spanish, Chinese, Japanese, Korean, Tagalog, Vietnamese, Hindi,

Khmer

Santa Cruz: Spanish, Chinese, Tagalog

Shasta: Spanish

Sierra: Spanish

Siskiyou: Spanish

Solano: Spanish, Tagalog, Chinese

Sonoma: Spanish

Stanislaus: Spanish, Hindi, Khmer

Sutter: Spanish, Hindi

Tehama: Spanish

Trinity: Spanish

Tulare: Spanish, Tagalog

Tuolumne: Spanish

Ventura: Spanish, Chinese, Tagalog, Hindi

Yolo: Spanish, Chinese, Tagalog, Hindi

Yuba: Spanish

Comments

1. According to the author, nearly 16 million California voters receive materials in a variety of required primary languages such as Spanish, Chinese, Hindi, Japanese, Khmer, Korean, Tagalog, Thai, and Vietnamese. Language accessible elections materials may include registration forms, voting notices, voting instructions, ballots, sample ballots, polling place notices, and voter information pamphlets. AB 1443 establishes in the Office of the Secretary of State a committee of appointed specialists to advise state and local elections officials on best practices to address language accessibility needs of voters.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/17/15)

Secretary of State Alex Padilla (co-source)

Asian Americans Advancing Justice – Los Angeles (co-source)

National Association of Latino Elected and Appointed Officials (co-source)

Advancement Project

American Civil Liberties Union

California Association of Clerks and Elections Officials

California Immigrant Policy Center

Center for Asian Americans United for Self Empowerment

League of Women Voters of California

The Greenlining Institute

Voz Interpreting

OPPOSITION: (Verified 8/17/15)

None received

ASSEMBLY FLOOR: 74-0, 5/22/15

AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Alejo, Jones, O'Donnell, Olsen, Waldron, Weber

Prepared by: Darren Chesin / E. & C.A. / (916) 651-4106

8/19/15 20:59:07

**** END ****

SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Ben Allen, Chair

2015 - 2016 Regular

Bill No: AB 1443 Hearing Date: 6/30/15

Subject: Voters: language accessibility.

DIGEST

Requires the Secretary of State (SOS) to establish a Language Accessibility Advisory Committee, as specified.

ANALYSIS

Existing federal law:

1. Requires a state or a political subdivision of a state to provide voting materials in the language of a minority group when that group within the jurisdiction has an illiteracy rate that is higher than the national illiteracy rate, and the number of the United States citizens of voting age in that single language group within the jurisdiction meets at least one of the following:

   1. Numbers more than 10,000;

   2. Makes up more than five percent of all voting age citizens; or,

   3. On an Indian reservation, exceeds five percent of all reservation residents.

2. Requires a state or political subdivision of a state to provide voting materials in the language of a minority group if all of the following apply:

   1. Over five percent of the voting age citizens were, on November 1, 1972, members of a single language minority group;

   2. Registration and election materials were provided only in English on November 1, 1972; and,

   3. Fewer than 50 percent of the voting age citizens were registered to vote or voted in the 1972 Presidential election.

3. Defines language minorities or language minority groups, for the purposes of the above provisions, to mean persons who are American Indian, Asian American, Alaskan Natives, or of Spanish heritage.

Existing state law:

1. Establishes the SOS as the chief elections officer of the state and requires that he or she ensure elections are efficiently conducted and that state election laws are enforced.
   
   

2. Declares the intent of the Legislature that non-English-speaking citizens, like other citizens, should be encouraged to vote and that appropriate efforts should be made to minimize obstacles to voting by citizens who lack sufficient skill in English to vote without assistance.

3. Requires the SOS, by January 1 of each year in which the Governor is elected, to determine the precincts where three percent or more of the voting age residents are members of a single language minority and lack sufficient skills in English to vote without assistance. For each specified precinct in their county, elections officials are required to do the following:

   1. Translate a facsimile ballot and related instructions in the specified language(s); and,

   2. Post the translation(s) in a conspicuous location in the appropriate polling place.

4. Requires elections officials to make reasonable efforts to recruit election officials who are fluent in a language if three percent or more of the voting age residents in any precinct are fluent in that language and lack sufficient skill in English to vote without assistance.

5. Requires, in counties where the SOS has determined it is appropriate, each precinct board to post, in a conspicuous location in the polling place, at least one copy of the ballot with ballot measures and ballot instructions printed in Spanish. Requires the ballot to be posted in other languages if a significant and substantial need is found by the SOS.

6. Provides that in determining whether it is appropriate to require a county to post a copy of the ballot at the precinct in a language other than English, the SOS shall find a need to post such translated copies of the ballot if the number of residents of voting age in the precinct who are members of a single language minority and who lack sufficient skills in English to vote without assistance equals three percent or more of the voting age residents in the precinct.

This bill:

1. Requires the SOS to establish a Language Accessibility Advisory Committee of no less than 15 members consisting of the SOS and his or her designee or designees and additional members appointed by the SOS.
   
   

2. Requires the appointees to either have demonstrated language accessibility experience for languages covered under the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or be a county elections official. At least three county elections officials shall be appointed to the committee.

3. Requires the SOS to consult with and consider the recommendations of the committee.
   
   

4. Requires the committee to serve in an advisory capacity to the SOS and to meet no less than four times each calendar year.

BACKGROUND

Voting Rights Act of 1965. The 15th Amendment to the United States Constitution provides, in part, "[t]he right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude." Additionally, the 15th Amendment authorizes Congress to enact legislation to enforce its provisions.

Congress determined that the existing federal anti-discrimination laws were not sufficient to overcome the resistance by state officials to enforce the 15th Amendment. As a result, Congress passed and President Johnson signed the Voting Rights Act of 1965 (VRA). The VRA provides, among other provisions, that "[n]o voting qualification or prerequisite to voting, or standard, practice, or procedure shall be imposed or applied by any State or political subdivision to deny or abridge that right of any citizen of the United States to vote on account of race or color."

In 1975, Congress adopted the language minority provisions of Sections 4(f)(4) and 203 of the VRA. Congress extended these provisions in 1982, 1992, and 2006. Sections 4(f)(4) and 203 of the VRA require certain jurisdictions with significant populations of voting age citizens who belong to a language minority community to provide voting materials in a language other than English.

These determinations are based on data from the most recent Census. Specifically, Sections 203 and 4(f)(4) require that when a covered state or political subdivision "[p]rovides registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable minority group as well as in the English language."

New Census Data. On October 13, 2011, the U.S. Census Bureau released a notice of determination of minority language status following the 2010 census. Pursuant to Section 203, the State of California is required to provide bilingual voting assistance to Spanish speakers. Additionally, pursuant to Section 203, 27 of California's 58 counties are individually required to provide bilingual voting assistance to Spanish speakers, and eight counties (Alameda, Los Angeles, Orange, Sacramento, San Diego, San Francisco, San Mateo, and Santa Clara) are required to provide voting materials in at least one language other than English and Spanish. In total, 28 of California's 58 counties are required to provide voting materials in at least one language other than English.

In addition, existing state law requires the SOS, in each gubernatorial election year, to determine the precincts where three percent or more of the voting age residents are members of a single language minority and lack sufficient skills in English to vote without assistance. According to a December 30, 2013 memo from the SOS's office, the SOS contracted with U.C. Berkeley to determine which precincts have reached the three percent threshold in the nine languages covered in California under federal law (Spanish, Chinese, Hindi, Japanese, Khmer, Korean, Tagalog, Thai, and Vietnamese).

According to the memo, based on the analysis data, the SOS has determined that most counties show an increase in the number of precincts with individuals who speak the nine languages that are covered. Depending on the data, the county elections officials will be required to translate a copy of the ballot and related instructions into the languages indicated and post them at the appropriate polling places.

Below is a breakdown of the counties that have additional languages required under state law (new languages are indicated in bold). According to the SOS's memo, these requirements will remain in place through December 31, 2017.

Statewide: Spanish

Alameda: Chinese, Spanish, Tagalog, Vietnamese, Hindi, Japanese, Khmer, Korean

Alpine: None

Amador: Spanish

Butte: Spanish

Calaveras: Spanish

Colusa: Spanish

Contra Costa: Spanish, Chinese, Tagalog, Japanese, Korean, Vietnamese

Del Norte: Spanish

El Dorado: Spanish, Tagalog

Fresno: Spanish, Chinese, Japanese, Khmer

Glenn: Spanish

Humboldt: Spanish

Imperial: Spanish

Inyo: Spanish

Kern: Spanish, Tagalog

Kings: Spanish, Tagalog

Lake: Spanish

Lassen: Spanish

Los Angeles: Spanish, Chinese, Hindi, Japanese, Khmer, Korean, Tagalog, Thai, Vietnamese

Madera: Spanish

Marin: Spanish, Vietnamese, Korean, Chinese

Mariposa: Spanish

Mendocino: Spanish, Chinese

Merced: Spanish

Modoc: Spanish

Mono: Spanish

Monterey: Spanish, Korean, Tagalog, Chinese, Vietnamese

Napa: Spanish, Tagalog, Chinese

Nevada: Spanish

Orange: Spanish, Chinese, Japanese, Korean, Tagalog, Vietnamese, Khmer

Placer: Spanish, Tagalog

Plumas: Spanish

Riverside: Spanish, Tagalog, Chinese, Korean, Vietnamese

Sacramento: Spanish, Chinese, Tagalog, Vietnamese, Hindi, Japanese, Korean

San Benito: Spanish

San Bernardino: Chinese, Korean, Tagalog, Vietnamese, Khmer

San Diego: Spanish, Chinese, Japanese, Spanish, Tagalog, Vietnamese, Khmer,

Korean, Hindi

San Francisco: Spanish, Chinese, Korean, Tagalog, Vietnamese, Japanese

San Joaquin: Spanish, Chinese, Tagalog, Vietnamese, Khmer, Hindi

San Luis Obispo: Spanish, Tagalog

San Mateo: Spanish, Chinese, Japanese, Tagalog, Hindi

Santa Barbara: Spanish, Tagalog, Chinese

Santa Clara: Spanish, Chinese, Japanese, Korean, Tagalog, Vietnamese, Hindi,

Khmer

Santa Cruz: Spanish, Chinese, Tagalog

Shasta: Spanish

Sierra: Spanish

Siskiyou: Spanish

Solano: Spanish, Tagalog, Chinese

Sonoma: Spanish

Stanislaus: Spanish, Hindi, Khmer

Sutter: Spanish, Hindi

Tehama: Spanish

Trinity: Spanish

Tulare: Spanish, Tagalog

Tuolumne: Spanish

Ventura: Spanish, Chinese, Tagalog, Hindi

Yolo: Spanish, Chinese, Tagalog, Hindi

Yuba: Spanish

COMMENTS

1. According to the author: Nearly 16 million California voters receive materials in a variety of required primary languages such as Spanish, Chinese, Hindi, Japanese, Khmer, Korean, Tagalog, Thai, and Vietnamese. Language accessible elections materials may include registration forms, voting notices, voting instructions, ballots, sample ballots, polling place notices, and voter information pamphlets. AB 1443 establishes in the Office of the Secretary of State a committee of appointed specialists to advise state and local elections officials on best practices to address language accessibility needs of voters.

PRIOR ACTION

POSITIONS

Sponsor: Secretary of State Alex Padilla

Support: Advancement Project

Asian Americans Advancing Justice – Los Angeles

California Association of Clerks and Elections Officials

California Immigrant Policy Center

Center for Asian Americans United for Self Empowerment

League of Women Voters of California

National Association of Latino Elected and Appointed Officials

The Greenlining Institute

Oppose: None received

-- END --

Date of Hearing: May 13, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 1443

Author:(Chau) – As Amended Ver:March 26, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Secretary of State (SOS) to establish a Language Accessibility Advisory Committee, and requires the appointees to either have demonstrated language accessibility experience or be a county elections official.

FISCAL EFFECT:

No fiscal impact. This bill codifies and existing advisory body established by the SOS.

COMMENTS:

Purpose. According to the author, "Nearly 16 million California voters receive materials in a variety of required primary languages such as Spanish, Chinese, Hindi, Japanese, Khmer, Korean, Tagalog, Thai, and Vietnamese. Language accessible elections materials may include registration forms, voting notices, voting instructions, ballots, sample ballots, polling place notices, and voter information pamphlets. AB 1443 establishes in the Office of the Secretary of State a committee of appointed specialists to advise state and local elections officials on best practices to address language accessibility needs of voters."

Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081

Date of Hearing: April 29, 2015

ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING

Sebastian Ridley-Thomas, Chair

ABPCA Bill Id:AB 1443

Author:(Chau) – As Amended Ver:March 26, 2015

SUBJECT: Voters: language accessibility.

SUMMARY: Requires the Secretary of State (SOS) to establish a Language Accessibility Advisory Committee, as specified. Specifically, this bill:

1. Requires the SOS to establish a Language Accessibility Advisory Committee.

2. Requires the Language Accessibility Advisory Committee to consist of the SOS and his or her designee or designees and additional members appointed by the SOS.

3. Requires the appointees to either have demonstrated language accessibility experience or be a county elections official.

4. Requires the SOS to consult with and consider the recommendations of the committee.

5. Requires the committee to serve in an advisory capacity to the SOS.

EXISTING FEDERAL LAW:

1. Requires a state or a political subdivision of a state to provide voting materials in the language of a minority group when that group within the jurisdiction has an illiteracy rate that is higher than the national illiteracy rate, and the number of the United States citizens of voting age in that single language group within the jurisdiction meets at least one of the following:
   
   

   1. Numbers more than 10,000;
      
      

   2. Makes up more than five percent of all voting age citizens; or,
      
      

   3. On an Indian reservation, exceeds five percent of all reservation residents.
      
      

2. Requires a state or political subdivision of a state to provide voting materials in the language of a minority group if all of the following apply:
   
   

   1. Over five percent of the voting age citizens were, on November 1, 1972, members of a single language minority group;
      
      

   2. Registration and election materials were provided only in English on November 1, 1972; and,
      
      

   3. Fewer than 50 percent of the voting age citizens were registered to vote or voted in the 1972 Presidential election.
      
      

3. Defines language minorities or language minority groups, for the purposes of the above provisions, to mean persons who are American Indian, Asian American, Alaskan Natives, or of Spanish heritage.

EXISTING STATE LAW:

1. Establishes the SOS as the chief elections officer of the state and requires that he or she ensure elections are efficiently conducted and that state election laws are enforced.
   
   

2. Declares intent of the Legislature that non-English-speaking citizens, like other citizens, should be encouraged to vote and that appropriate efforts should be made to minimize obstacles to voting by citizens who lack sufficient skill in English to vote without assistance.
   
   

3. Requires the SOS, by January 1 of each year in which the Governor is elected, to determine the precincts where three percent or more of the voting age residents are members of a single language minority and lack sufficient skills in English to vote without assistance. For each specified precinct in their county, elections officials are required to do the following:
   
   

   1. Translate a facsimile ballot and related instructions in the specified language(s); and,
      
      

   2. Post the translation(s) in a conspicuous location in the appropriate polling place.
      
      

4. Requires elections officials to make reasonable efforts to recruit election officials who are fluent in a language if three percent or more of the voting age residents in any precinct are fluent in that language and lack sufficient skill in English to vote without assistance.
   
   

5. Requires, in counties where the SOS has determined it is appropriate, each precinct board to post, in a conspicuous location in the polling place, at least one copy of the ballot with ballot measures and ballot instructions printed in Spanish. Requires the ballot to be posted in other languages if a significant and substantial need is found by the SOS.
   
   

6. Provides that in determining whether it is appropriate to require a county to post a copy of the ballot at the precinct in a language other than English, the SOS shall find a need to post such translated copies of the ballot if the number of residents of voting age in the precinct who are members of a single language minority and who lack sufficient skills in English to vote without assistance equals three percent or more of the voting age residents in the precinct.
   
   

FISCAL EFFECT: Unknown

COMMENTS:

1. Purpose of the Bill: According to the author:

Nearly 16 million California voters receive materials in a variety of required primary languages such as Spanish, Chinese, Hindi, Japanese, Khmer, Korean, Tagalog, Thai, and Vietnamese. Language accessible elections materials may include registration forms, voting notices, voting instructions, ballots, sample ballots, polling place notices, and voter information pamphlets. AB 1443 establishes in the Office of the Secretary of State a committee of appointed specialists to advise state and local elections officials on best practices to address language accessibility needs of voters.

2. Voting Rights Act of 1965: The 15th Amendment to the United States Constitution provides, in part, "[t]he right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude." Additionally, the 15th Amendment authorizes Congress to enact legislation to enforce its provisions.

Congress determined that the existing federal anti-discrimination laws were not sufficient to overcome the resistance by state officials to enforce the 15th Amendment. As a result, Congress passed and President Johnson signed the Voting Rights Act of 1965 (VRA). The VRA provides, among other provisions, that "[n]o voting qualification or prerequisite to voting, or standard, practice, or procedure shall be imposed or applied by any State or political subdivision to deny or abridge that right of any citizen of the United States to vote on account of race or color."

In 1975, Congress adopted the language minority provisions of Sections 4(f)(4) and 203 of the VRA. Congress extended these provisions in 1982, 1992, and 2006. Sections 4(f)(4) and 203 of the VRA require certain jurisdictions with significant populations of voting age citizens who belong to a language minority community to provide voting materials in a language other than English. These determinations are based on data from the most recent Census.

Specifically, Sections 203 and 4(f)(4) require that when a covered state or political subdivision "[p]rovides registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable minority group as well as in the English language."

3. New Census Data: On October 13, 2011, the U.S. Census Bureau released a notice of determination of minority language status following the 2010 census. Pursuant to Section 203, the State of California is required to provide bilingual voting assistance to Spanish speakers. Additionally, pursuant to Section 203, 27 of California's 58 counties are individually required to provide bilingual voting assistance to Spanish speakers, and eight counties (Alameda, Los Angeles, Orange, Sacramento, San Diego, San Francisco, San Mateo, and Santa Clara) are required to provide voting materials in at least one language other than English and Spanish. Pursuant to Section 4(f)(4) of the Voting Rights Act, three counties are required to provide bilingual voting assistance to Spanish speakers, though two of those counties are also required to provide assistance pursuant to Section 203. In total, 28 of California's 58 counties are required to provide voting materials in at least one language other than English.

In addition, existing state law requires the SOS, in each gubernatorial election year, to determine the precincts where three percent or more of the voting age residents are members of a single language minority and lack sufficient skills in English to vote without assistance. According to a December 30, 2013 memo from the SOS's office, the SOS contracted with U.C. Berkeley to determine which precincts have reached the three percent threshold in the nine languages covered in California under federal law (Spanish, Chinese, Hindi, Japanese, Khmer, Korean, Tagalog, Thai, and Vietnamese). According to the memo, based on the analysis data, the SOS has determined that most counties show an increase in the number of precincts with individuals who speak the nine languages that are covered. Depending on the data, the county elections officials will be required to translate a copy of the ballot and related instructions into the languages indicated and post them at the appropriate polling places.

Below is a breakdown of the counties that have additional languages required under state law (new languages are indicated in bold). According to the SOS's memo, these requirements will remain in place through December 31, 2017.

Statewide: Spanish

Alameda: Chinese, Spanish, Tagalog, Vietnamese, Hindi, Japanese, Khmer, Korean

Alpine: None

Amador: Spanish

Butte: Spanish

Calaveras: Spanish

Colusa: Spanish

Contra Costa: Spanish, Chinese, Tagalog, Japanese, Korean, Vietnamese

Del Norte: Spanish

El Dorado: Spanish, Tagalog

Fresno: Spanish, Chinese, Japanese, Khmer

Glenn: Spanish

Humboldt: Spanish

Imperial: Spanish

Inyo: Spanish

Kern: Spanish, Tagalog

Kings: Spanish, Tagalog

Lake: Spanish

Lassen: Spanish

Los Angeles: Spanish, Chinese, Hindi, Japanese, Khmer, Korean, Tagalog, Thai, Vietnamese

Madera: Spanish

Marin: Spanish, Vietnamese, Korean, Chinese

Mariposa: Spanish

Mendocino: Spanish, Chinese

Merced: Spanish

Modoc: Spanish

Mono: Spanish

Monterey: Spanish, Korean, Tagalog, Chinese, Vietnamese

Napa: Spanish, Tagalog, Chinese

Nevada: Spanish

Orange: Spanish, Chinese, Japanese, Korean, Tagalog, Vietnamese, Khmer

Placer: Spanish, Tagalog

Plumas: Spanish

Riverside: Spanish, Tagalog, Chinese, Korean, Vietnamese

Sacramento: Spanish, Chinese, Tagalog, Vietnamese, Hindi, Japanese, Korean

San Benito: Spanish

San Bernardino: Chinese, Korean, Tagalog, Vietnamese, Khmer

San Diego: Spanish, Chinese, Japanese, Spanish, Tagalog, Vietnamese, Khmer, Korean, Hindi

San Francisco: Spanish, Chinese, Korean, Tagalog, Vietnamese, Japanese

San Joaquin: Spanish, Chinese, Tagalog, Vietnamese, Khmer, Hindi

San Luis Obispo: Spanish, Tagalog

San Mateo: Spanish, Chinese, Japanese, Tagalog, Hindi

Santa Barbara: Spanish, Tagalog, Chinese

Santa Clara: Spanish, Chinese, Japanese, Korean, Tagalog, Vietnamese, Hindi, Khmer

Santa Cruz: Spanish, Chinese, Tagalog

Shasta: Spanish

Sierra: Spanish

Siskiyou: Spanish

Solano: Spanish, Tagalog, Chinese

Sonoma: Spanish

Stanislaus: Spanish, Hindi, Khmer

Sutter: Spanish, Hindi

Tehama: Spanish

Trinity: Spanish

Tulare: Spanish, Tagalog

Tuolumne: Spanish

Ventura: Spanish, Chinese, Tagalog, Hindi

Yolo: Spanish, Chinese, Tagalog, Hindi

Yuba: Spanish

In an effort to improve the voting experience for California's diverse electorate, this bill establishes and codifies in the Elections Code the Language Accessibility Advisory Committee. The Language Accessibility Advisory Committee is required to be comprised of language experts and elections officials to advise the SOS. According to the sponsor of this bill, this committee will advise the SOS on best practices, review translated materials, and provide important perspectives from California's language minority communities.

4. Arguments in Support: In support, the Greenlining Institute, writes:

Federal and State laws contain numerous requirements for state and local elections officials to accommodate language accessibility for the state's voting electorate. Many interested citizens and organizations agree that these laws provide a starting point for improving the voting experience along language accessibility lines.

Nearly 16 million California voters receive materials in a variety of required primary languages such as Spanish, Chinese, Hindi, Japanese, Khmer, Korean, Tagalog, and Vietnamese… Language accessibility issues and challenges grow over time and change from one election to the next. While the law provides a list of covered voters, the law is silent on methods or best practices to serve the multiple language needs of voters.

REGISTERED SUPPORT / OPPOSITION:

Support

Secretary of State Alex Padilla (sponsor)

American Civil Liberties Union of California

Asian Americans Advancing Justice – Los Angeles

Center for Asian Americans United for Self Empowerment

Greenlining Institute

National Association of Latino Elected and Appointed Officials Education Fund

Voz Interpreting

Opposition

None on file.

Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094