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Committee advances SB 46 to give Secretary of State clearer authority to remove constitutionally ineligible presidential candidates
Summary
SB 46 would amend the Elections Code to clarify the California Secretary of State's authority to remove presidential or vice-presidential candidates who are constitutionally ineligible; proponents cited Keyes v. Bowen and comparative state practices, while the Secretary of State urged alternate language to avoid politicizing the office.
Senator Umberg introduced SB 46 as a technical change to the California Elections Code to clarify that the Secretary of State has authority to remove individuals from the ballot who are constitutionally ineligible to serve as president or vice president. Umberg said the change would overturn the practical effect of the 2010 Court of Appeal decision in Keyes v. Bowen and bring California in line with other states that have procedures to remove ineligible candidates.
Deborah Perlin of Citizens for Responsibility and Ethics in Washington testified in pending support, arguing that secretaries of state across the country perform administrative duties that can include removing ineligible candidates and that California's statutory language should explicitly permit a similar role. Professor Matthew Coles (UC Law San Francisco) told the committee SB 46 is constitutional, reasoning that states retain primary authority to administer presidential elections and therefore to enforce qualifications set out in Article II and the relevant amendments.
Tim Cromartie, on behalf of Secretary of State Shirley Weber, said the office is not currently set up to be an investigative body and warned that SB 46 as drafted could force the secretary into discretionary investigative roles and politicize administration of elections. He suggested alternate language that would disqualify ineligible presidential candidates by operation of law or, if investigation is required, empower the Attorney General to appoint independent special counsel to avoid politicization.
Committee members asked technical and constitutional questions about implementation, the interaction with recent federal court decisions (including limits on enforcing Section 3 of the Fourteenth Amendment), and whether the bill should be narrower in scope. The author and legal witness said SB 46 focuses on the two-term eligibility question rather than insurrection disqualification and that they would work with stakeholders to refine implementation.
Senator Durazo moved the bill; the committee recorded a motion to pass SB 46 to the Senate Committee on Judiciary. The transcript records recorded aye votes from several members and the committee advanced the measure with follow-up work on implementation and possible alternative language to depoliticize investigative responsibilities.
