SB266 - Elections: language accessibility.

Amended IN Senate May 06, 2025 Amended IN Senate April 30, 2025 Amended IN Senate March 24, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 266 Introduced by Senator Cervantes (Coauthor: Senator Wahab) (Coauthors: Assembly Members Fong and Nguyen) February 03, 2025 An act to amend Sections 3019, 4005, 9054, 10240, 13107, 13209, 13211.7, 13307, 14111, 14200, and 19101 of, to amend and repeal Sections 13400, 14201, and 14219 of, and to add Section 2601 to, the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST SB 266, as amended, Cervantes. 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, 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. In counties and municipalities For an election with a single language minority group that makes up 3% or more of the voting-age residents or for which the Secretary of State finds that a significant and substantial need exists 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. (2) (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. (3) (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. (4) (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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 2601 is added to the Elections Code, to read: 2601. (a) By December 15, 2029, and by December 15 of every subsequent year that immediately follows a year in which there is a presidential election, the Secretary of State shall do both of the following: (1) Determine the number of residents of voting age in each precinct who are members of a single language minority group, including language minority groups not subject to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503), and who lack sufficient skills in English to vote without assistance. (2) Make publicly available on the Secretary of State’s internet website a list of languages used by single language minority groups, including language minority groups not subject to Section 203 of the federal Voting Rights Act of 1965, that make up 3 percent or more of the voting-age residents of a particular county or precinct who lack sufficient skills in English to vote without assistance. (b) If interested citizens or organizations provide the Secretary of State with information that gives the Secretary of State sufficient reason to believe there is a need for the furnishing of translated ballots, the Secretary of State shall find that a significant and substantial need exists a need to provide translated ballots in the applicable language in the affected voting location and election materials pursuant to Sections 3010 and 3019. (c) Beginning January 1, 2030, for each election where a language is identified under subdivision (a) or (b), in order to ensure inclusive language access, the elections official shall provide language assistance as follows: (1) Whenever the elections official provides ballots, materials described in Sections 3010 and 10240, 3010, or notices and instructions described in Section 3019, the elections official shall provide those materials in English and in the language of the applicable language minority group. (2) The elections official shall provide a voter with the ballots and election materials described in Sections 3010 and 10240 in the language the voter has indicated as their language preference, if translations in that language are available pursuant to this section. (3) The elections official shall prominently provide information on their internet website on how a voter may request a vote by mail ballot in a language identified under subdivision (a) or (b), or under Section 14201. (4) The elections official shall provide notices and instructions described in Section 3019 in the language of a voter’s indicated preference if translations are available under this section in a manner consistent with state law. (d) 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. (e) The Secretary of State may adopt regulations necessary to implement this section and to provide guidance to elections officials for its administration. (f) This section shall remain in effect regardless of any expiration, repeal, modification, or judicial interpretation of the federal Voting Rights Act of 1965. SEC. 2. Section 3019 of the Elections Code is amended to read: 3019. (a) (1) Upon receiving a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine if the signatures compare: (A) The signature appearing on the voter’s affidavit of registration or any previous affidavit of registration of the voter. (B) The signature appearing on a form issued by an elections official that contains the voter’s signature and that is part of the voter’s registration record. (2) All of the following apply to the comparison of signatures pursuant to this section, including the comparison of a voter’s signature on a signature verification statement, an unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement, with the signature that is part of the voter’s registration record: (A) A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voter’s signature. (B) An exact match is not required for an elections official to determine that a voter’s signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid. (C) Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written. (D) When comparing signatures, an elections official shall not review or consider a voter’s party preference, race, or ethnicity. (E) The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive. (F) The elections official may use facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with the law. (G) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c). (H) The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare. (I) A signature made using a mark such as an “X,” or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5. (b) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections official’s office. (c) (1) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voter’s registration record, the signature is subject to the additional procedures described in paragraph (2). (2) If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voter’s registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d). (d) (1) (A) Except as provided in subparagraph (E), on or before the next business day after a determination that a voter’s signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voter’s signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement. (B) If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voter’s signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message. (C) Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voter’s signature. (D) Unless required pursuant to Section 3026, the elections official may use any information in a county’s election management system, or otherwise in the elections official’s possession, for the purpose of notifying the voter of the opportunity to verify the voter’s signature. (E) If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election. (2) The notice and instructions shall be in substantially the following form: “READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT. 1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible. 2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election. 3. You must sign your name where specified on the signatur [Text truncated for display. Full text available on Congress.gov.]