Presidential elections: qualifications for office.

Plain English Breakdown

The bill has passed both chambers in California, but it is not yet a law.

Presidential Elections: Rules for Nominees

AB-1539 requires representatives from each qualified political party and independent presidential candidates to certify under penalty of perjury that their nominees meet the qualifications set by the Twenty-Second Amendment, or else those names won't be on the ballot.

What This Bill Does

• Requires a representative of each qualified political party and an independent presidential candidate to certify under penalty of perjury that their nominees for President and Vice President are both qualified to be elected President under the Twenty-Second Amendment.
• If certification is not made, the bill prohibits placing the names of those nominees on the ballot for the ensuing general election.

Who It Names or Affects

• Political parties in California
• Independent presidential candidates in California

Terms To Know

Twenty-Second Amendment

A part of the U.S. Constitution that says a person can only be elected President two times.

Perjury

Telling a lie when you are under oath, which is against the law.

Limits and Unknowns

• Does not specify what happens if someone tries to run for president but does not follow these rules.
• It's unclear how this will be enforced or checked by the Secretary of State.

Official Summary Text

AB 1539, as amended, Addis.
Presidential elections: qualifications for office.
The Twenty-Second Amendment to the United States Constitution prohibits the election of any person to the office of the President more than twice. Under existing state law, 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. Existing law requires the Secretary of State to cause the names of each party’s nominees for President and Vice President to be placed upon the ballot for the election.
This bill would require a representative of each qualified political
party to certify,
party, and a representative of each independent
presidential candidate, to certify to the Secretary of State,
under penalty of perjury, that
the party’s
their
nominees for President and Vice President are both qualified to be elected President under the Twenty-Second Amendment. If that certification is not made, the bill would prohibit placing the names of
the party’s
those
nominees for President and Vice President upon the ballot for the ensuing general election. By expanding the crime of perjury, 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 no reimbursement is required by this act for a specified reason.

Current Bill Text

Download Bill PDF