Bill Sponsor
California Senate Bill 46
Session 20252026
Presidential elections: qualifications for office.
Active
Active
Passed Senate on Jan 27, 2026
First Action
Dec 12, 2024
Latest Action
Jan 27, 2026
Origin Chamber
Senate
Type
Bill
Bill Number
46
State
California
Session
20252026
Sponsorship by Party
Democrat
Author
Summary
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.
Actions (17)
01/27/2026
Assembly
In Assembly. Read first time. Held at Desk.
01/27/2026
Senate
Read third time. Passed. (Ayes 30. Noes 10.) Ordered to the Assembly.
01/22/2026
Senate
Read second time. Ordered to third reading.
01/22/2026
Senate
From committee: Do pass. (Ayes 5. Noes 2.) (January 22).
01/21/2026
Senate
Set for hearing January 22.
01/20/2026
Senate
January 20 hearing: Placed on APPR. suspense file.
01/15/2026
Senate
Set for hearing January 20.
01/14/2026
Senate
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 2.) (January 13). Re-referred to Com. on APPR.
01/13/2026
Senate
From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (January 13). Re-referred to Com. on JUD.
01/08/2026
Senate
Set for hearing January 13 in JUD. pending receipt.
01/07/2026
Senate
Set for hearing January 13.
01/05/2026
Senate
Re-referred to Coms. on E. & C.A. and JUD.
01/05/2026
Senate
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
01/29/2025
Senate
Referred to Com. on RLS.
01/06/2025
Senate
Read first time.
12/13/2024
Senate
From printer. May be acted upon on or after January 12.
12/12/2024
Senate
Introduced. To Com. on RLS. for assignment. To print.
Sources
Record Created
Dec 13, 2024 8:01:41 AM
Record Updated
Jan 28, 2026 8:39:14 AM