SB 46: Presidential elections: qualifications for office.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

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, 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 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 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 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.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. August 13, 2026August 13 hearing: Held in committee and under submission.
2. August 5, 2026August 5 set for first hearing. Placed on suspense file.
3. July 1, 2026From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (July 1). Re-referred to Com. on APPR.
4. June 24, 2026From committee with author's amendments. Read second time and amended. Re-referred to Com. on ELECTIONS.
5. June 23, 2026From committee: Do pass and re-refer to Com. on ELECTIONS. (Ayes 9. Noes 3.) (June 23). Re-referred to Com. on ELECTIONS.
6. June 18, 2026Pursuant to Assembly Rule 51.
7. June 18, 2026Referred to Coms. on JUD. and ELECTIONS.
8. January 27, 2026In Assembly. Read first time. Held at Desk.
9. January 27, 2026Read third time. Passed. (Ayes 30. Noes 10. Page 3296.) Ordered to the Assembly.
10. January 22, 2026Read second time. Ordered to third reading.
11. January 22, 2026From committee: Do pass. (Ayes 5. Noes 2. Page 3268.) (January 22).
12. January 21, 2026Set for hearing January 22.