AB 884: Elections: language accessibility.

(1) Existing state and federal law, including the federal Voting Rights Act of 1965, require the Secretary of State and county elections officials to provide language assistance to voters in order to access voting information, register to vote, and cast their votes at the polling place. Existing law requires a county elections official to provide a facsimile copy of the ballot with the ballot measures and ballot instructions printed in Spanish and other languages if the Secretary of State has determined that doing so is appropriate, as specified.

This bill would, by December 15, 2025, and by December 15 of every subsequent year following a presidential election, require the Secretary of State to determine the number of residents of voting age in each county and precinct who are members of a single language minority group and who lack sufficient skills in English to vote without assistance, as specified. The bill would require that, by that same date, the Secretary of State make publicly available on the Secretary of States internet website a list of languages used by single language minority groups, as specified. Beginning January 1, 2028, this bill would further require the Secretary of State and county elections officials to provide specified materials in the language of the applicable language minority group as well as in the English language.

(2) Existing law requires the Secretary of State to make specified findings and determinations regarding the provision of ballot materials in languages other than English.

Until January 1, 2028, this bill would direct the Secretary to make those findings and determinations by December 15 of each year following a presidential election, and it would further limit the expansion of categories of covered languages for the purpose of providing facsimile ballots. As of January 1, 2028, this bill would impose new requirements relating to translated ballots, including requiring the training of specified precinct board members. The bill would make conforming changes. By increasing the duties of county elections officials, the bill would impose a state-mandated local program.

(3) Existing law requires the elections official to send a voter information guide that contains the written statement of each candidate. Existing law requires the elections official to provide a Spanish translation of the written statement to each candidate who wishes to have one and to select a person to provide the translation who is, among other things, a certified and registered interpreter on the judicial council master list or a current voting member in good standing of the American Translators Association.

This bill would add a language speaker with relevant experience in providing certified translations of legal documents who has been referred by a nonprofit agency to the list of eligible individuals that may provide the translation.

(4) This bill would incorporate additional changes to Section 3019 of the Elections Code proposed by AB 3184 to be operative only if this bill and AB 3184 are enacted and this bill is enacted last.

The bill would incorporate changes to Section 4005 of the Elections Code proposed by SB 1450 to be operative only if this bill and SB 1450 are enacted and this bill is enacted last.

(5)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 the statutory provisions noted above.