CA SB 266

Quick answers

Description

(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, as a reference for voters, 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 require the Secretary of State, by December 15, 2029, and by December 15 of every subsequent year that immediately follows a year in which there is a presidential election, to determine the number of residents of voting age in each precinct who are members of a single language minority group and lack sufficient skills in English to vote without assistance and to post on the Secretary of State's website a list of languages used by single language minority groups that make up 3% or more of the voting-age residents of a particular county or precinct. For an election with a single language minority group that makes up 3% or more of the voting-age residents or if the Secretary of State otherwise finds sufficient reason to provide translated ballots, the bill would require elections officials, beginning January 1, 2030, to, among other things, provide ballots, ballot identification envelopes, and related notices and instructions in the language of an applicable language minority group. The bill would also make related, conforming changes. (2) Existing law requires an elections official, upon receiving a vote by mail ballot, to compare the signature on the identification envelope with the voter's signature appearing on specified voter registration records. Existing law requires the elections official to notify a voter whose signature does not match or who failed to sign the envelope of the opportunity to verify or provide a signature. The elections official is required to translate the notice and related instructions into all languages required for that county under the Voting Rights Act of 1965. This bill would instead require the Secretary of State to translate the notice, instructions, and voter statements to verify or provide a signature. (3) Existing law requires translations of ballots, ballot materials, and candidate statements printed in the county voter information guide to be made by a person with specified qualifications who is selected by the county elections official. This bill would authorize county elections officials to select a translator or interpreter, who has demonstrated experience in translating official or legal documents and has been referred by a nonprofit organization specializing in language access, legal aid, or community advocacy, to make those translations. (4) Existing law requires specified information to be publicly posted at each polling place, including information regarding the languages other than English in which members of the precinct board can assist voters. This bill would also require information regarding other available language assistance to be publicly posted at each polling place. (5) By increasing the duties of local elections officials, the bill 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 the statutory provisions noted above.