SB 46 California Senate · 2025-2026 Regular Session

Presidential elections: qualifications for office.

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, 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.

Bill status passed 3 of 5 stages cleared

Introduction

Dec 2024

Committee Review

Aug 2026

Senate Passage

Jan 2026

Assembly Passage

Governor

Introduced Dec 12, 2024 Last action Aug 13, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

06/24/26 - Amended Assembly → SB46 · 1 edit

MINOR

This diff reflects a reformatting of SB 46 from a traditional legislative document layout (with line numbers, page headers, and column formatting) to a web-based presentation format used by the California legislature website. The actual statutory text, including all sections amending the Elections Code and adding Section 6901.7, is substantively identical between the two versions. No policy changes were made.

TECHNICAL

The bill text was reformatted from a traditional legislative document with line numbers and page headers into a web-based presentation format with navigation elements, search tools, and version tracking metadata.

01/05/26 - Amended Senate → 06/24/26 - Amended Assembly · 7 edits · Jun 24, 2026

MODERATE

The Assembly amendment to SB 46 removes a technical Evidence Code change about seal authentication, adds a new Attorney General referral mechanism for investigating presidential candidate eligibility, establishes hard deadlines by which ineligibility determinations must be made (88 days before a primary, 73 days before a general election), and significantly tightens the timelines for judicial challenges and hearings. The bill now creates a multi-branch process where the Secretary of State can refer matters to the Attorney General or an independent special counsel, and candidates can challenge determinations made by any of those officials.

SCOPE

The amendment to Section 1452 of the Evidence Code (presumption of authenticity for seals) was removed entirely. The bill no longer touches evidence law.

The right to challenge a determination now extends to determinations made by the Attorney General or special counsel, not just the Secretary of State. A candidate denied certification by any of those officials may file a petition in Sacramento Superior Court.

ENFORCEMENT

New provision allows the Secretary of State to refer a candidate eligibility matter to the Attorney General when further investigation is needed. The Attorney General may appoint an independent special counsel to investigate constitutional qualifications. If the AG or special counsel determines a candidate is ineligible, the Secretary of State must not certify the name.

TIMELINE

New deadline: no determination of ineligibility for President or Vice President can be made later than the 88th day preceding a presidential primary election or the 73rd day preceding a presidential general election.

Petition filing deadlines changed from a flat 'five days after the certified list is issued' to: elector challenges must be filed no later than the 85th day before a primary or 72nd day before a general election; candidate challenges (against a denial) must be filed within 72 hours of a determination for a primary or 24 hours for a general election.

Hearing timelines tightened: for elector challenges in a primary, the hearing is now held 2-4 days after the petition is filed (previously 5-10 days after the certified list). For general election elector challenges, the hearing must occur within 24 hours of filing and conclude within 48 hours, with a decision within 24 hours after close. Candidate challenges get a hearing 2-4 days after filing with a 48-hour decision window.

FISCAL

Fiscal committee review changed from 'no' to 'yes,' and state-mandated local program designation changed from 'no' to 'yes,' indicating the Assembly recognized broader fiscal implications of the expanded enforcement process.

12/12/24 - Introduced → 01/05/26 - Amended Senate · 10 edits · Jan 5, 2026

MAJOR

SB 46 was introduced as a minor technical fix to the Evidence Code (correcting a typo in Section 1452). The amended version dramatically expands the bill to add extensive new provisions to the Elections Code requiring presidential and vice-presidential candidates to affirm under oath that they meet constitutional qualifications, giving the Secretary of State authority to investigate and exclude candidates who fail to do so, and creating a judicial challenge process with strict deadlines. This transforms the bill from a housekeeping measure into a significant election law amendment.

SCOPE

The bill now amends Sections 6041, 6340, 6520, 6720, 6722, 6851, 6852, 6901, and 13314 of the Elections Code and adds new Section 6901.7, expanding scope from a single Evidence Code typo fix to comprehensive presidential candidate qualification requirements.

Multiple Elections Code sections governing ballot placement for Democratic, Republican, American Independent, Peace and Freedom, and Green Party presidential candidates are amended to add the phrase 'Except as provided in Section 6901.7,' creating an exception that allows removal of candidates who fail to meet constitutional qualifications.

REQUIREMENT

New Section 6901.7(a)(2) prohibits the Secretary of State from certifying or placing on the ballot any candidate for President or Vice President who does not affirm under oath that they will fully meet the constitutional qualifications to be elected to and hold that office.

In an elector's challenge, the elector bears the burden of proof by a preponderance of the evidence. In a candidate's challenge to their own exclusion, the Secretary of State bears the burden of proving the exclusion was proper by a preponderance of the evidence.

ENFORCEMENT

New Section 6901.7(b) authorizes the Secretary of State to investigate a candidate's qualifications and request proof of constitutional eligibility if there is reasonable suspicion based on articulable fact that the candidate does not meet the requirements.

New Section 6901.7(c) allows an elector to challenge a candidate's qualifications by filing a verified petition in the Superior Court of Sacramento County, and allows an excluded candidate to challenge the Secretary of State's determination in the same court.

Section 13314 (writs of mandate) is amended to clarify that the Secretary of State not placing a candidate on the ballot for failure to meet constitutional eligibility requirements will not be considered substantial interference with the conduct of the election, and that the qualification challenge procedures in Section 6901.7(c) apply to such writ proceedings.

TIMELINE

Petitions must be filed no later than 5 days after the Secretary of State issues the certified list of candidates. Hearings must be held between 5 and 10 days after the certified list is issued, and the court must issue a decision within 48 hours after the close of the hearing.

FISCAL

A no-reimbursement provision is added stating that no state reimbursement is required because the only costs incurred by local agencies would be due to the creation or modification of a crime (perjury for false oath statements).

TECHNICAL

The original Evidence Code amendment (Section 1452) correcting 'within in any state' to 'in any state' is retained but repositioned at the end of the bill after the new election law sections.

Floor votes · Senate Jan 27, 2026

How they voted

30–10

Passed

Total votes 40

Jan 27, 2026

D Democratic30

30 Yea

100% Yea

R Republican10

10 Nay

100% Nay

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Aug 13, 2026

Lower · Passed

August 13 hearing: Held in committee and under submission.

lower

Jul 1, 2026

Lower · Passed

From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (July 1). Re-referred to Com. on APPR.

lower

Jun 24, 2026

Lower · Passed

From committee with author's amendments. Read second time and amended. Re-referred to Com. on ELECTIONS.

lower

Jun 23, 2026

Lower · Passed

From committee: Do pass and re-refer to Com. on ELECTIONS. (Ayes 9. Noes 3.) (June 23). Re-referred to Com. on ELECTIONS.

lower

Jun 18, 2026

Committee

Referred to Coms. on JUD. and ELECTIONS.

lower

Jan 27, 2026

Upper · Passed

Read third time. Passed. (Ayes 30. Noes 10. Page 3296.) Ordered to the Assembly.

upper

Jan 22, 2026

Upper · Passed

From committee: Do pass. (Ayes 5. Noes 2. Page 3268.) (January 22).

upper

Jan 14, 2026

Upper · Passed

From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 2. Page 3213.) (January 13). Re-referred to Com. on APPR.

upper

Jan 13, 2026

Upper · Passed

From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1. Page 3212.) (January 13). Re-referred to Com. on JUD.

upper

Jan 5, 2026

Committee

Re-referred to Coms. on E. & C.A. and JUD.

upper

Jan 5, 2026

Upper · Passed

From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

upper

Jan 29, 2025

Committee

Referred to Com. on RLS.

upper

Dec 12, 2024

Introduced

Introduced. To Com. on RLS. for assignment. To print.

upper

1 primary · 0 co-sponsors