SB 46: Presidential elections: qualifications for office.

Existing law requires the Secretary of State to place the name of a candidate upon a political partys 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 partys 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 candidates qualifications and request proof of the candidates constitutional eligibility to hold the office. concludes that further investigation is needed to determine a candidates 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 States 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.