| 1 | | - | Assembly Bill No. 1631 CHAPTER 552An act to amend Section 12303 of the Elections Code, relating to elections. [ Approved by Governor September 26, 2022. Filed with Secretary of State September 26, 2022. ] LEGISLATIVE COUNSEL'S DIGESTAB 1631, Cervantes. Elections: elections officials.Existing law requires elections officials, at least 14 days before an election, to prepare and make available to the public a list of the precincts to which officials who are fluent in a non-English language and in English were appointed, and the language or languages other than English in which the officials will provide assistance.This bill would require the county elections official to make this list publicly available on the county elections officials internet website.By imposing additional duties on county elections officials, this 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 TextThe people of the State of California do enact as follows:SECTION 1. Section 12303 of the Elections Code is amended to read:12303. (a) A person who cannot read or write the English language is not eligible to act as a member of any precinct board.(b) 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 to minimize obstacles to non-English-speaking citizens voting without assistance.(c) (1) Where the elections official finds that citizens described in subdivision (b) approximate 3 percent or more of the voting-age residents of a precinct, or if interested citizens or organizations provided information that the elections official believes indicates a need for voting assistance for qualified citizens described in subdivision (b), the elections official shall make reasonable efforts to recruit election officials who are fluent in a language used by citizens described in subdivision (b) and in English. This recruitment shall be conducted through the cooperation of interested citizens and organizations and through voluntarily donated public service notices in the media, including newspapers, radio, television, and the internet, particularly those media that serve the non-English-speaking citizens described in subdivision (b).(2) (A) Within 150 days following each statewide general election, the county elections official shall report to the Secretary of State the number of individuals recruited to serve as members of precinct boards, including the number of individuals recruited who are fluent in each language required to be represented under Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). The Secretary of State shall issue uniform standard reporting guidelines.(B) The Secretary of State shall post all county reports received under subparagraph (A) on the Secretary of States internet website within 180 days following each statewide general election.(3) At each polling place, a member of the precinct board shall identify the languages spoken by the member, other than English, by wearing a name tag, button, sticker, lanyard, or other mechanism, as determined by the county elections official. The text indicating the language skills of the member of the precinct board shall be in the non-English language or languages spoken by that member.(d) At least 14 days before an election, the elections official shall prepare and make available to the public a list of the precincts to which officials were appointed pursuant to this section, including on the county elections officials internet website, and the language or languages other than English in which they will provide assistance.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 1 | + | Enrolled September 01, 2022 Passed IN Senate August 30, 2022 Passed IN Assembly May 25, 2022 Amended IN Assembly April 18, 2022 Amended IN Assembly March 17, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1631Introduced by Assembly Member CervantesJanuary 11, 2022An act to amend Section 12303 of the Elections Code, relating to elections.LEGISLATIVE COUNSEL'S DIGESTAB 1631, Cervantes. Elections: elections officials.Existing law requires elections officials, at least 14 days before an election, to prepare and make available to the public a list of the precincts to which officials who are fluent in a non-English language and in English were appointed, and the language or languages other than English in which the officials will provide assistance.This bill would require the county elections official to make this list publicly available on the county elections officials internet website.By imposing additional duties on county elections officials, this 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 TextThe people of the State of California do enact as follows:SECTION 1. Section 12303 of the Elections Code is amended to read:12303. (a) A person who cannot read or write the English language is not eligible to act as a member of any precinct board.(b) 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 to minimize obstacles to non-English-speaking citizens voting without assistance.(c) (1) Where the elections official finds that citizens described in subdivision (b) approximate 3 percent or more of the voting-age residents of a precinct, or if interested citizens or organizations provided information that the elections official believes indicates a need for voting assistance for qualified citizens described in subdivision (b), the elections official shall make reasonable efforts to recruit election officials who are fluent in a language used by citizens described in subdivision (b) and in English. This recruitment shall be conducted through the cooperation of interested citizens and organizations and through voluntarily donated public service notices in the media, including newspapers, radio, television, and the internet, particularly those media that serve the non-English-speaking citizens described in subdivision (b).(2) (A) Within 150 days following each statewide general election, the county elections official shall report to the Secretary of State the number of individuals recruited to serve as members of precinct boards, including the number of individuals recruited who are fluent in each language required to be represented under Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). The Secretary of State shall issue uniform standard reporting guidelines.(B) The Secretary of State shall post all county reports received under subparagraph (A) on the Secretary of States internet website within 180 days following each statewide general election.(3) At each polling place, a member of the precinct board shall identify the languages spoken by the member, other than English, by wearing a name tag, button, sticker, lanyard, or other mechanism, as determined by the county elections official. The text indicating the language skills of the member of the precinct board shall be in the non-English language or languages spoken by that member.(d) At least 14 days before an election, the elections official shall prepare and make available to the public a list of the precincts to which officials were appointed pursuant to this section, including on the county elections officials internet website, and the language or languages other than English in which they will provide assistance.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 14 | 25 | | |
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| 15 | 26 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 27 | | |
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| 17 | 28 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 29 | | |
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| 19 | 30 | | AB 1631, Cervantes. Elections: elections officials. |
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| 20 | 31 | | |
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| 21 | 32 | | Existing law requires elections officials, at least 14 days before an election, to prepare and make available to the public a list of the precincts to which officials who are fluent in a non-English language and in English were appointed, and the language or languages other than English in which the officials will provide assistance.This bill would require the county elections official to make this list publicly available on the county elections officials internet website.By imposing additional duties on county elections officials, this 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. |
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| 22 | 33 | | |
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| 23 | 34 | | Existing law requires elections officials, at least 14 days before an election, to prepare and make available to the public a list of the precincts to which officials who are fluent in a non-English language and in English were appointed, and the language or languages other than English in which the officials will provide assistance. |
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| 24 | 35 | | |
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| 25 | 36 | | This bill would require the county elections official to make this list publicly available on the county elections officials internet website. |
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| 26 | 37 | | |
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| 27 | 38 | | By imposing additional duties on county elections officials, this bill would impose a state-mandated local program. |
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| 28 | 39 | | |
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| 29 | 40 | | 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. |
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| 30 | 41 | | |
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| 31 | 42 | | 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. |
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| 32 | 43 | | |
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| 33 | 44 | | ## Digest Key |
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| 34 | 45 | | |
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| 35 | 46 | | ## Bill Text |
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| 36 | 47 | | |
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| 37 | 48 | | The people of the State of California do enact as follows:SECTION 1. Section 12303 of the Elections Code is amended to read:12303. (a) A person who cannot read or write the English language is not eligible to act as a member of any precinct board.(b) 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 to minimize obstacles to non-English-speaking citizens voting without assistance.(c) (1) Where the elections official finds that citizens described in subdivision (b) approximate 3 percent or more of the voting-age residents of a precinct, or if interested citizens or organizations provided information that the elections official believes indicates a need for voting assistance for qualified citizens described in subdivision (b), the elections official shall make reasonable efforts to recruit election officials who are fluent in a language used by citizens described in subdivision (b) and in English. This recruitment shall be conducted through the cooperation of interested citizens and organizations and through voluntarily donated public service notices in the media, including newspapers, radio, television, and the internet, particularly those media that serve the non-English-speaking citizens described in subdivision (b).(2) (A) Within 150 days following each statewide general election, the county elections official shall report to the Secretary of State the number of individuals recruited to serve as members of precinct boards, including the number of individuals recruited who are fluent in each language required to be represented under Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). The Secretary of State shall issue uniform standard reporting guidelines.(B) The Secretary of State shall post all county reports received under subparagraph (A) on the Secretary of States internet website within 180 days following each statewide general election.(3) At each polling place, a member of the precinct board shall identify the languages spoken by the member, other than English, by wearing a name tag, button, sticker, lanyard, or other mechanism, as determined by the county elections official. The text indicating the language skills of the member of the precinct board shall be in the non-English language or languages spoken by that member.(d) At least 14 days before an election, the elections official shall prepare and make available to the public a list of the precincts to which officials were appointed pursuant to this section, including on the county elections officials internet website, and the language or languages other than English in which they will provide assistance.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 38 | 49 | | |
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| 39 | 50 | | The people of the State of California do enact as follows: |
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| 40 | 51 | | |
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| 41 | 52 | | ## The people of the State of California do enact as follows: |
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| 42 | 53 | | |
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| 43 | 54 | | SECTION 1. Section 12303 of the Elections Code is amended to read:12303. (a) A person who cannot read or write the English language is not eligible to act as a member of any precinct board.(b) 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 to minimize obstacles to non-English-speaking citizens voting without assistance.(c) (1) Where the elections official finds that citizens described in subdivision (b) approximate 3 percent or more of the voting-age residents of a precinct, or if interested citizens or organizations provided information that the elections official believes indicates a need for voting assistance for qualified citizens described in subdivision (b), the elections official shall make reasonable efforts to recruit election officials who are fluent in a language used by citizens described in subdivision (b) and in English. This recruitment shall be conducted through the cooperation of interested citizens and organizations and through voluntarily donated public service notices in the media, including newspapers, radio, television, and the internet, particularly those media that serve the non-English-speaking citizens described in subdivision (b).(2) (A) Within 150 days following each statewide general election, the county elections official shall report to the Secretary of State the number of individuals recruited to serve as members of precinct boards, including the number of individuals recruited who are fluent in each language required to be represented under Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). The Secretary of State shall issue uniform standard reporting guidelines.(B) The Secretary of State shall post all county reports received under subparagraph (A) on the Secretary of States internet website within 180 days following each statewide general election.(3) At each polling place, a member of the precinct board shall identify the languages spoken by the member, other than English, by wearing a name tag, button, sticker, lanyard, or other mechanism, as determined by the county elections official. The text indicating the language skills of the member of the precinct board shall be in the non-English language or languages spoken by that member.(d) At least 14 days before an election, the elections official shall prepare and make available to the public a list of the precincts to which officials were appointed pursuant to this section, including on the county elections officials internet website, and the language or languages other than English in which they will provide assistance. |
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| 44 | 55 | | |
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| 45 | 56 | | SECTION 1. Section 12303 of the Elections Code is amended to read: |
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| 46 | 57 | | |
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| 47 | 58 | | ### SECTION 1. |
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| 48 | 59 | | |
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| 49 | 60 | | 12303. (a) A person who cannot read or write the English language is not eligible to act as a member of any precinct board.(b) 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 to minimize obstacles to non-English-speaking citizens voting without assistance.(c) (1) Where the elections official finds that citizens described in subdivision (b) approximate 3 percent or more of the voting-age residents of a precinct, or if interested citizens or organizations provided information that the elections official believes indicates a need for voting assistance for qualified citizens described in subdivision (b), the elections official shall make reasonable efforts to recruit election officials who are fluent in a language used by citizens described in subdivision (b) and in English. This recruitment shall be conducted through the cooperation of interested citizens and organizations and through voluntarily donated public service notices in the media, including newspapers, radio, television, and the internet, particularly those media that serve the non-English-speaking citizens described in subdivision (b).(2) (A) Within 150 days following each statewide general election, the county elections official shall report to the Secretary of State the number of individuals recruited to serve as members of precinct boards, including the number of individuals recruited who are fluent in each language required to be represented under Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). The Secretary of State shall issue uniform standard reporting guidelines.(B) The Secretary of State shall post all county reports received under subparagraph (A) on the Secretary of States internet website within 180 days following each statewide general election.(3) At each polling place, a member of the precinct board shall identify the languages spoken by the member, other than English, by wearing a name tag, button, sticker, lanyard, or other mechanism, as determined by the county elections official. The text indicating the language skills of the member of the precinct board shall be in the non-English language or languages spoken by that member.(d) At least 14 days before an election, the elections official shall prepare and make available to the public a list of the precincts to which officials were appointed pursuant to this section, including on the county elections officials internet website, and the language or languages other than English in which they will provide assistance. |
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| 50 | 61 | | |
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| 51 | 62 | | 12303. (a) A person who cannot read or write the English language is not eligible to act as a member of any precinct board.(b) 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 to minimize obstacles to non-English-speaking citizens voting without assistance.(c) (1) Where the elections official finds that citizens described in subdivision (b) approximate 3 percent or more of the voting-age residents of a precinct, or if interested citizens or organizations provided information that the elections official believes indicates a need for voting assistance for qualified citizens described in subdivision (b), the elections official shall make reasonable efforts to recruit election officials who are fluent in a language used by citizens described in subdivision (b) and in English. This recruitment shall be conducted through the cooperation of interested citizens and organizations and through voluntarily donated public service notices in the media, including newspapers, radio, television, and the internet, particularly those media that serve the non-English-speaking citizens described in subdivision (b).(2) (A) Within 150 days following each statewide general election, the county elections official shall report to the Secretary of State the number of individuals recruited to serve as members of precinct boards, including the number of individuals recruited who are fluent in each language required to be represented under Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). The Secretary of State shall issue uniform standard reporting guidelines.(B) The Secretary of State shall post all county reports received under subparagraph (A) on the Secretary of States internet website within 180 days following each statewide general election.(3) At each polling place, a member of the precinct board shall identify the languages spoken by the member, other than English, by wearing a name tag, button, sticker, lanyard, or other mechanism, as determined by the county elections official. The text indicating the language skills of the member of the precinct board shall be in the non-English language or languages spoken by that member.(d) At least 14 days before an election, the elections official shall prepare and make available to the public a list of the precincts to which officials were appointed pursuant to this section, including on the county elections officials internet website, and the language or languages other than English in which they will provide assistance. |
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| 52 | 63 | | |
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| 53 | 64 | | 12303. (a) A person who cannot read or write the English language is not eligible to act as a member of any precinct board.(b) 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 to minimize obstacles to non-English-speaking citizens voting without assistance.(c) (1) Where the elections official finds that citizens described in subdivision (b) approximate 3 percent or more of the voting-age residents of a precinct, or if interested citizens or organizations provided information that the elections official believes indicates a need for voting assistance for qualified citizens described in subdivision (b), the elections official shall make reasonable efforts to recruit election officials who are fluent in a language used by citizens described in subdivision (b) and in English. This recruitment shall be conducted through the cooperation of interested citizens and organizations and through voluntarily donated public service notices in the media, including newspapers, radio, television, and the internet, particularly those media that serve the non-English-speaking citizens described in subdivision (b).(2) (A) Within 150 days following each statewide general election, the county elections official shall report to the Secretary of State the number of individuals recruited to serve as members of precinct boards, including the number of individuals recruited who are fluent in each language required to be represented under Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). The Secretary of State shall issue uniform standard reporting guidelines.(B) The Secretary of State shall post all county reports received under subparagraph (A) on the Secretary of States internet website within 180 days following each statewide general election.(3) At each polling place, a member of the precinct board shall identify the languages spoken by the member, other than English, by wearing a name tag, button, sticker, lanyard, or other mechanism, as determined by the county elections official. The text indicating the language skills of the member of the precinct board shall be in the non-English language or languages spoken by that member.(d) At least 14 days before an election, the elections official shall prepare and make available to the public a list of the precincts to which officials were appointed pursuant to this section, including on the county elections officials internet website, and the language or languages other than English in which they will provide assistance. |
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| 54 | 65 | | |
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| 55 | 66 | | |
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| 56 | 67 | | |
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| 57 | 68 | | 12303. (a) A person who cannot read or write the English language is not eligible to act as a member of any precinct board. |
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| 58 | 69 | | |
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| 59 | 70 | | (b) 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 to minimize obstacles to non-English-speaking citizens voting without assistance. |
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| 60 | 71 | | |
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| 61 | 72 | | (c) (1) Where the elections official finds that citizens described in subdivision (b) approximate 3 percent or more of the voting-age residents of a precinct, or if interested citizens or organizations provided information that the elections official believes indicates a need for voting assistance for qualified citizens described in subdivision (b), the elections official shall make reasonable efforts to recruit election officials who are fluent in a language used by citizens described in subdivision (b) and in English. This recruitment shall be conducted through the cooperation of interested citizens and organizations and through voluntarily donated public service notices in the media, including newspapers, radio, television, and the internet, particularly those media that serve the non-English-speaking citizens described in subdivision (b). |
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| 62 | 73 | | |
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| 63 | 74 | | (2) (A) Within 150 days following each statewide general election, the county elections official shall report to the Secretary of State the number of individuals recruited to serve as members of precinct boards, including the number of individuals recruited who are fluent in each language required to be represented under Section 14201 and Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). The Secretary of State shall issue uniform standard reporting guidelines. |
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| 64 | 75 | | |
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| 65 | 76 | | (B) The Secretary of State shall post all county reports received under subparagraph (A) on the Secretary of States internet website within 180 days following each statewide general election. |
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| 66 | 77 | | |
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| 67 | 78 | | (3) At each polling place, a member of the precinct board shall identify the languages spoken by the member, other than English, by wearing a name tag, button, sticker, lanyard, or other mechanism, as determined by the county elections official. The text indicating the language skills of the member of the precinct board shall be in the non-English language or languages spoken by that member. |
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| 68 | 79 | | |
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| 69 | 80 | | (d) At least 14 days before an election, the elections official shall prepare and make available to the public a list of the precincts to which officials were appointed pursuant to this section, including on the county elections officials internet website, and the language or languages other than English in which they will provide assistance. |
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| 70 | 81 | | |
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| 71 | 82 | | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 72 | 83 | | |
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| 73 | 84 | | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 74 | 85 | | |
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| 75 | 86 | | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 76 | 87 | | |
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| 77 | 88 | | ### SEC. 2. |
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