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Panel advances SB 46 to clarify Secretary of State authority on presidential ballot eligibility
Summary
SB 46 would empower the Secretary of State to disqualify presidential candidates who fail constitutional qualifications; legal scholars testified the measure is constitutional but members asked questions about investigatory power and perjury implications.
Senators advanced SB 46 to the Senate Appropriations Committee after testimony from legal and policy experts debating whether California should clarify the Secretary of State's role in determining presidential ballot eligibility.
The author said the bill is a targeted technical change to the California Elections Code to give the California Secretary of State authority to remove constitutionally ineligible candidates from the ballot, motivated in part by public debate over whether a two‑term former president could seek a third term. Deborah Perlin of CREW urged overturning Keyes v. Bowen to restore administrative authority; Professor Matt Coles testified the Constitution and state authority support states enforcing Article II qualifications.
Committee members questioned whether the Secretary of State already has investigatory or disqualifying powers. Senator Niello expressed concern about whether the bill implies the Secretary would not pursue a suspicion absent statutory direction. The author and witnesses argued the bill "makes it crystal clear" that a candidate who has served two terms cannot appear on the California ballot and would empower the Secretary to make that determination.
The committee recorded a favorable motion and vote to pass SB 46 to Appropriations; the roll call in the transcript shows committee procedural action and the item was held open for absent members.
