Session:   
Updated:   2026-02-04

Home - Bills - Bill - Authors - Dates - Locations - Analyses - Organizations

Measure
Authors Umberg  
Subject Presidential elections: qualifications for office.
Relating To relating to elections.
Title An act to amend Sections 6041, 6340, 6520, 6720, 6722, 6851, 6852, 6901, and 13314 of, and to add Section 6901.7 to, the Elections Code, relating to elections.
Last Action Dt 2026-01-05
State Amended Senate
Status Pending Referral
Flags
Vote Req Approp Fiscal Cmte Local Prog Subs Chgs Urgency Tax Levy Active?
Majority No Yes Yes None No No Y
i
Leginfo Link  
Bill Actions
2026-01-27     In Assembly. Read first time. Held at Desk.
2026-01-27     Read third time. Passed. (Ayes 30. Noes 10.) Ordered to the Assembly.
2026-01-22     Read second time. Ordered to third reading.
2026-01-22     From committee: Do pass. (Ayes 5. Noes 2.) (January 22).
2026-01-21     Set for hearing January 22.
2026-01-20     January 20 hearing: Placed on APPR. suspense file.
2026-01-15     Set for hearing January 20.
2026-01-14     From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 2.) (January 13). Re-referred to Com. on APPR.
2026-01-13     From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (January 13). Re-referred to Com. on JUD.
2026-01-08     Set for hearing January 13 in JUD. pending receipt.
2026-01-07     Set for hearing January 13.
2026-01-05     Re-referred to Coms. on E. & C.A. and JUD.
2026-01-05     From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
2025-01-29     Referred to Com. on RLS.
2025-01-06     Read first time.
2024-12-13     From printer. May be acted upon on or after January 12.
2024-12-12     Introduced. To Com. on RLS. for assignment. To print.
Versions
Amended Senate     2026-01-05
Introduced     2024-12-12
Analyses TBD
Latest Text Bill Full Text
Latest Text Digest

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.