Presidential elections: qualifications for office.

Plain English Breakdown

The bill summary text does not provide details on what happens after a candidate fails an eligibility test.

Presidential Elections: Candidate Qualifications

The bill requires presidential and vice-presidential candidates to swear an oath affirming they meet the legal requirements for their offices, allows investigations if there are reasonable doubts based on facts, and sets up a process for challenges in court.

What This Bill Does

• Requires presidential and vice-presidential candidates to swear under oath that they meet the qualifications of their office.
• Authorizes the Secretary of State to investigate a candidate's qualifications if there is reasonable suspicion based on articulable facts.
• Allows voters or disqualified candidates to challenge a candidate’s eligibility in court within 5 days after the certified list is released.
• Requires courts to hold hearings and make decisions quickly when challenges are filed.

Who It Names or Affects

• Candidates for President and Vice President
• The Secretary of State
• Voters who can challenge a candidate’s eligibility

Terms To Know

Perjury

Telling a lie while under oath in court or other official proceedings.

State-mandated local program

A state rule that requires local governments to do something, which might cost them money.

Limits and Unknowns

• The bill does not specify what happens if a candidate fails the eligibility test.
• It is unclear how this will affect candidates who are already on the ballot when doubts arise.
• The bill only applies to California’s election processes and does not change federal laws.

Official Summary Text

SB 46, as amended, Umberg.
Evidence: admissibility: writings.
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, if the candidate does not affirm, under oath, that the candidate will fully meet the qualifications of 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.
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 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.
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.
Existing law requires a writing to be authenticated before it can be received in evidence. Under existing law a seal is presumed to be genuine and its use authorized if it purports to be the seal of certain entities including, among others, the United States or a department, agency, or public employee of the United States, or a notary public in any state of the United States.
This bill would make a technical, nonsubstantive change to this provision.

Current Bill Text

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