California lawmaker introduces bill to block illegal third presidential term

CALIFORNIA — A new bill aiming to set stricter qualifications for presidential candidates on the state ballot was introduced January 12.

Senator Tom Umberg (D-Santa Ana) announced Senate Bill 46, which would require candidates for President or Vice President to affirm under oath that they meet all constitutional eligibility requirements, including the two-term limit established by the 22nd Amendment.

Umberg said the bill would disqualify a candidate seeking an illegal third term.

Recent statements and actions by President Donald Trump and his supporters have prompted discussion about whether he may seek a third term in 2028.

“California leaders have a duty to reaffirm and reinforce the guardrails that separate the U.S. from a monarchy or dictatorship, and this ballot integrity bill does exactly that,” Umberg said.

Secretary can’t certify unsworn candidates

Under current law, the Secretary of State places names on the ballot based on party nominations and recognized candidacies.

SB 46 would require candidates to swear under oath that they meet the Constitution’s age, citizenship, and residency requirements, and bar the Secretary of State from certifying anyone who does not.

The bill would also allow the Secretary of State investigate a candidate’s eligibility and request proof of constitutional qualifications before certifying their name on the ballot.

In addition, the measure would allow voters to challenge a candidate’s qualifications in Sacramento County Superior Court, with specified timeframes for filings and hearings.

2010 Court rules Secretary of State not required to verify candidate eligibility

Supporters of SB 46 say the legislation would give the Secretary of State the authority to verify a candidate’s constitutional eligibility while ensuring due process, including judicial review.

However, a 2010 California Court of Appeals decision held that the Secretary of State does not currently have a duty to investigate or determine whether a presidential candidate meets constitutional requirements.

SB 46 was scheduled for a Jan. 13 hearing before the Senate Judiciary Committee.

If passed by the Legislature, the bill would still require the governor’s approval to become law.