SB 46 — Presidential elections: qualifications for office.
Last action — August 13 hearing: Held in committee and under submission.
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1Introduced
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2In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill has been introduced in the Senate. Introduced December 12, 2024. It must pass committee before a floor vote.
Next likely step: a committee referral and hearing.
Prognosis
Where this bill stands today.
Odds of enactment
LowHow often bills like it became law.
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Introduced
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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Cleared a recorded vote
Passed 7 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
In plain language
The bill sets new requirements for presidential candidates' eligibility on ballots.
This bill requires presidential candidates to affirm their eligibility under oath and allows for legal challenges to their qualifications. It also establishes procedures for investigating candidates' qualifications.
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 Text
- Amended 06/24/26 - Amended Assembly Current pdf June 24, 2026
- Amended 01/05/26 - Amended Senate pdf January 05, 2026
- Introduced 12/12/24 - Introduced pdf December 12, 2024
- SB46 View text html
Action History
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August 13 hearing: Held in committee and under submission.
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August 5 set for first hearing. Placed on suspense file.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (July 1). Re-referred to Com. on APPR.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on ELECTIONS.
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From committee: Do pass and re-refer to Com. on ELECTIONS. (Ayes 9. Noes 3.) (June 23). Re-referred to Com. on ELECTIONS.
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Pursuant to Assembly Rule 51.
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Referred to Coms. on JUD. and ELECTIONS.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 30. Noes 10. Page 3296.) Ordered to the Assembly.
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 5. Noes 2. Page 3268.) (January 22).
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Set for hearing January 22.
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January 20 hearing: Placed on APPR. suspense file.
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Set for hearing January 20.
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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.
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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.
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Set for hearing January 13 in JUD. pending receipt.
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Set for hearing January 13.
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Re-referred to Coms. on E. & C.A. and JUD.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
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Referred to Com. on RLS.
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Read first time.
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From printer. May be acted upon on or after January 12.
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Introduced. To Com. on RLS. for assignment. To print.
Sponsors
- Thomas J. Umberg · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 15 voted No
Sponsors (1)
- Umberg, Thomas J. Democratic
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 6 | 0 | 0 | 0 |
| Republican | 0 | 2 | 0 | 0 |
| Total | 6 | 2 | 0 | 0 |
| % of votes cast | 75% | 25% | 0% | 0% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Bennett, Steve | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Elhawary, Sade | Democratic | Yea |
| Pellerin, Gail | Democratic | Yea |
| Solache, Jr., José Luis | Democratic | Yea |
| Stefani, Catherine | Democratic | Yea |
| Ellis, Stan | Republican | Nay |
| Johnson, Natasha | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 9 | 0 | 0 | 0 |
| Republican | 0 | 3 | 0 | 0 |
| Total | 9 | 3 | 0 | 0 |
| % of votes cast | 75% | 25% | 0% | 0% |
How each member voted (12)
| Member | Party | Vote |
|---|---|---|
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Connolly, Damon | Democratic | Yea |
| Harabedian, John | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Pacheco, Blanca | Democratic | Yea |
| Papan, Diane | Democratic | Yea |
| Stefani, Catherine | Democratic | Yea |
| Zbur, Rick Chavez | Democratic | Yea |
| Dixon, Diane | Republican | Nay |
| Macedo, Alexandra | Republican | Nay |
| Sanchez, Kate | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 30 | 0 | 0 | 0 |
| Republican | 0 | 10 | 0 | 0 |
| Total | 30 | 10 | 0 | 0 |
| % of votes cast | 75% | 25% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 5 | 0 | 0 | 0 |
| Republican | 0 | 2 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Cabaldon, Christopher | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Richardson, Laura | Democratic | Yea |
| Wahab, Aisha | Democratic | Yea |
| Dahle, Megan | Republican | Nay |
| Seyarto, Kelly | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 5 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Cabaldon, Christopher | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Richardson, Laura | Democratic | Yea |
| Wahab, Aisha | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Seyarto, Kelly | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 11 | 0 | 0 | 0 |
| Republican | 0 | 2 | 0 | 0 |
| Total | 11 | 2 | 0 | 0 |
| % of votes cast | 85% | 15% | 0% | 0% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Allen, Benjamin | Democratic | Yea |
| Ashby, Angelique V. | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Laird, John | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wahab, Aisha | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Niello, Roger W. | Republican | Nay |
| Valladares, Suzette Martinez | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 4 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 4 | 1 | 0 | 0 |
| % of votes cast | 80% | 20% | 0% | 0% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Allen, Benjamin | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Choi, Steven S. | Republican | Nay |
Subjects
Frequently asked questions
- What does SB 46 do?
- 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.
- Who sponsors SB 46?
- SB 46 is sponsored by Umberg, Thomas J. (Democratic).
- What is the current status of SB 46?
- This bill has been introduced in the Senate. Introduced December 12, 2024. It must pass committee before a floor vote.
- Where can I track SB 46?
- Track SB 46 free on One Click Politics — get push/email alerts when it moves.
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