SB46 - Presidential elections: qualifications for office.

Amended IN Assembly June 24, 2026 Amended IN Senate January 05, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 46 Introduced by Senator Umberg December 12, 2024 An act to amend Sections 6041, 6340, 6520, 6720, 6722, 6851, 6852, 6901, and 13314 of, and to add Section 6901.7 to, the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST SB 46, as amended, Umberg. Presidential elections: qualifications for office. Existing law requires the Secretary of State to place the name of a candidate upon a political party’s presidential primary ballot when the Secretary of State has determined that the candidate is generally advocated for or recognized throughout the United States or California as actively seeking the nomination of that party for President. Each qualified political party is required to notify the Secretary of State of the names of the party’s nominees for President and Vice President on or before the 75th day before a presidential general election, and the Secretary of State is required to place the names of those nominees upon the ballot for the election. This bill would prohibit the Secretary of State from placing the name of any candidate for the office of President or Vice President upon the ballot, ballot if the candidate does not affirm, under oath, that the candidate will fully meet the qualifications of the office. office, or if the Secretary of State determines that the candidate is not eligible for the office. Because a person who willfully makes a false statement under oath is guilty of the crime of perjury, this bill expands the scope of that crime and thereby creates a state-mandated local program. If the Secretary of State has reasonable suspicion based on articulable fact that a candidate for President or Vice President does not meet the qualifications for office, the bill would authorize the Secretary of State to investigate the candidate’s qualifications and request proof of the candidate’s constitutional eligibility to hold the office. concludes that further investigation is needed to determine a candidate’s eligibility, the bill would authorize the Secretary of State to refer the matter to the Attorney General for an investigation. The Attorney General could appoint an independent special counsel to assist in an investigation. The bill would prohibit finding a candidate ineligible for President or Vice President after the 88th day preceding a presidential primary election or 73rd day preceding a presidential general election. The bill would authorize an elector to challenge the qualifications of a candidate for President or Vice President by filing a petition in the Superior Court of the County of Sacramento, and it Sacramento no later than the 85th day preceding a primary election or the 72nd day preceding a general election. The bill would authorize a candidate who is not certified by the Secretary of State for failure to meet the qualifications of office to challenge the Secretary of State’s determination by filing a petition in the same court. The bill would require the petition to be filed no later than 5 days after the date on which the Secretary of State issues the certified list of candidates for the election. The bill would require the court to hold a hearing no more than 10 days after the Secretary of State issues the certified list of candidates and to issue a decision no more than 48 hours after the hearing. court no later than 72 hours after the eligibility determination is made for a primary election and no later than 24 hours after the eligibility determination is made for a general election. Those actions would be subject to expedited judicial review, as specified. 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 no reimbursement is required by this act for a specified reason. 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 6041 of the Elections Code is amended to read: 6041. (a) Except as provided in Section 6901.7, the Secretary of State shall place the name of a candidate upon the presidential primary ballot when the Secretary of State has determined that the candidate is generally advocated for or recognized throughout the United States or California as actively seeking the nomination of the Democratic Party for President of the United States. The Secretary of State shall include as criteria for selecting candidates the fact of qualifying for funding under the Federal Elections Campaign Act of 1974, as amended. (b) On or before the 88th day preceding a presidential primary election, the Secretary of State shall publicly announce and distribute to the news media for publication a list of the selected candidates that the Secretary of State intends to place on the ballot at the following presidential primary election. SEC. 2. Section 6340 of the Elections Code is amended to read: 6340. (a) Except as provided in Section 6901.7, the Secretary of State shall place the name of a candidate upon the Republican presidential primary ballot when the Secretary of State has determined that the candidate is generally advocated for or recognized throughout the United States or California as a candidate for the nomination of the Republican Party for President of the United States. (b) On or before the 88th day preceding a presidential primary election the Secretary of State shall publicly announce and distribute to the news media for publication a list of the candidates the Secretary of State intends to place on the ballot at the following presidential primary election. Following this announcement, the Secretary of State may add candidates to the Secretary of State’s selection, but the Secretary of State shall not delete any candidate whose name appears on the announced list, except as provided in Section 6901.7. SEC. 3. Section 6520 of the Elections Code is amended to read: 6520. (a) Except as provided in Section 6901.7, the Secretary of State shall place the name of a candidate upon the American Independent Party presidential preference ballot when the Secretary of State has determined that the candidate is generally advocated for or recognized in the news media throughout the United States or California as actively seeking the nomination of the American Independent Party for President of the United States. (b) On or before the 88th day preceding a presidential primary election, the Secretary of State shall publicly announce and distribute to the news media for publication a list of the candidates the Secretary of State intends to place on the ballot at the following presidential primary election. Following this announcement, the Secretary of State may add candidates to the Secretary of State’s selection, but the Secretary of State may not delete any candidate whose name appears on the announced list, except as provided in Section 6901.7. SEC. 4. Section 6720 of the Elections Code is amended to read: 6720. Except as provided in Section 6901.7, the Secretary of State shall place the name of a candidate upon the Peace and Freedom Party presidential preference ballot when the Secretary of State has determined that the candidate is generally advocated for or recognized throughout the United States or California as actively seeking the presidential nomination of the Peace and Freedom Party or the national party with which the Peace and Freedom Party is affiliated. SEC. 5. Section 6722 of the Elections Code is amended to read: 6722. On or before the 88th day preceding a presidential primary election, the Secretary of State shall publicly announce and distribute to the news media for publication a list of the candidates the Secretary of State intends to place on the ballot at the following presidential primary election. Following this announcement, the Secretary of State may add to the Secretary of State’s selection, but the Secretary of State may not delete any candidate whose name appears on the announced list, except as provided in Section 6901.7. The Secretary of State shall mail a copy of the list and any subsequent additions thereto to the Chairpersons of the Peace and Freedom Party State and County Central Committees. SEC. 6. Section 6851 of the Elections Code is amended to read: 6851. Except as provided in Section 6901.7, the Secretary of State shall place the name of a candidate upon the Green Party presidential preference primary ballot when the Secretary of State has determined that the candidate is generally advocated for or recognized throughout the United States or California as actively seeking the presidential nomination of the Green Party or the national political party with which the Green Party is affiliated. SEC. 7. Section 6852 of the Elections Code is amended to read: 6852. On or before the 88th day preceding a presidential primary election, the Secretary of State shall publicly announce and distribute to the news media for publication a list of the candidates the Secretary of State intends to place on the ballot at the following presidential primary election. Following this announcement, the Secretary of State may add candidates to the Secretary of State’s selection, but the Secretary of State may not delete any candidate whose name appears on the announced list, except as provided in Section 6901.7. The Secretary of State shall mail a copy of the list and any subsequent additions to the list to the Green Party Liaison to the Secretary of State. SEC. 8. Section 6901 of the Elections Code is amended to read: 6901. Whenever a political party, in accordance with Section 6864, 7100, 7300, 7578, or 7843, submits to the Secretary of State its certified list of nominees for electors and alternate electors of President and Vice President of the United States, the Secretary of State shall notify each candidate for elector and alternate elector of the elector’s nomination by the party. Except as provided in Section 6901.7, the Secretary of State shall cause the names of the candidates for President and Vice President of the United States of the several political parties to be placed upon the ballot for the ensuing general election. SEC. 9. Section 6901.7 is added to the Elections Code, to read: 6901.7. (a) (1) A person is eligible to be a candidate for President or Vice President of the United States in a presidential primary or general election only if that person has the qualifications to be elected to or hold that office as set forth in the United States Constitution on the date the term of that office begins. (2) (b) (1) The Secretary of State shall not certify the name of any candidate for the office of President or Vice President of the United States, and shall not place the candidate’s name on the ballot, if the candidate does not affirm, under oath, that the candidate will fully meet the qualifications to be elected to and hold the office of President or Vice President of the United States. (b) If the Secretary of State has reasonable suspicion based on articulable fact that a candidate for President or Vice President of the United States does not meet the qualifications to be elected to or hold office as set forth in the United States Constitution, the Secretary of State shall investigate the candidate’s qualifications and may request that the candidate provide proof of their constitutional eligibility to be elected to and hold office before placing their name on the ballot. (2) If the Secretary of State determines that election of a candidate for the office of President or Vice President of the United States would violate the United States Constitution, the Secretary of State shall not certify the name of the candidate or place it on the ballot. Whenever any such determination is made, the Secretary of State shall issue a public notice memorializing the determination and shall publicly announce and distribute that determination to the news media for publication. (3) (A) If the Secretary of State concludes that further investigation is needed to determine whether election of a candidate for the office of President or Vice President of the United States would violate the United States Constitution, the Secretary of State may refer the matter to the Attorney General for investigation. (B) To assist in any investigation under subparagraph (A), the Attorney General may appoint an independent special counsel for the purpose of investigating the constitutional qualifications of any candidate for the office of President or Vice President of the United States if there is a reasonable suspicion that a candidate does not meet the qualifications. (C) If the Attorney General or a special counsel appointed under subparagraph (B) determines that a candidate for President or Vice President of the United States does not meet the qualifications for office, the Secretary of State shall not certify the name of the candidate or place it on the ballot. Whenever any such determination is made, the Attorney General shall issue a public notice memorializing the determination and shall publicly announce and distribute that determination to the news media for publication. (4) For a presidential primary election, the Secretary of State, Attorney General, or special counsel shall not determine a candidate is ineligible for President or Vice President of the United States pursuant to this subdivision later than the 88th day preceding the election. For a presidential general election, the Secretary of State, Attorney General, or special counsel shall not determine a candidate is ineligible for President or Vice President of the United States pursuant to this subdivision later than the 73rd day preceding the election. (c) (1) (A) An elector may challenge the qualifications of a candidate for President or Vice President of the United States by filing a verified petition setting forth the facts alleged concerning the qualifications of the candidate in the Superior Court of the County of Sacramento. (B) If the Secretary of State does not certify a candidate for President or Vice President of the United States for failure to State, the Attorney General, or a special counsel determines a candidate for President or Vice President of the United States does not meet the qualifications of office, that candidate may challenge the Secretary of State’s determination by filing a verified petition setting forth the facts alleged concerning the qualifications of the candidate in the Superior Court of the County of Sacramento. (2) (A) For a presidential primary election, a petition brought pursuant to subparagraph (A) of paragraph (1) shall be filed no later than the 85th day preceding the election. For a presidential general election, a petition brought pursuant to su [Text truncated for display. Full text available on Congress.gov.]