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SB 46CALIFORNIASession 20252026
High Impact

California SB 46 requires presidential candidates to affirm eligibility and authorizes ballot challenges

Original title: Presidential elections: qualifications for office.

August 13, 2026

Presidential electionsCandidate qualificationsElection lawSecretary of StateAttorney GeneralPresidentialelectionsqualificationsforoffice

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The Frame

What this does

This bill changes the requirements for presidential candidates to appear on California ballots by mandating sworn eligibility statements and creating new legal pathways for the public and the state to challenge a candidate's qualifications.

Who is mentioned in the record

Potentially affected actors named in the source documents. Mention is not a position.

Presidential candidates

Candidates must provide a sworn statement of eligibility and are subject to potential disqualification and investigation.

Secretary of State

The office is tasked with verifying candidate eligibility and managing potential investigations.

Attorney General

The office may be required to investigate candidate eligibility and appoint special counsel.

Electors

Voters are granted the legal authority to challenge candidate qualifications through the court system.

What changed

Last recorded activity August 13, 2026.

What's next

Introduced.

Summary

SB 46 prohibits the Secretary of State from placing presidential or vice-presidential candidates on the ballot unless they affirm their eligibility under oath. The bill also establishes a process for the Secretary of State to investigate candidate eligibility, authorizes judicial challenges by s, and allows candidates to appeal disqualification decisions in the Sacramento County Superior Court.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What happens if a candidate refuses to sign the oath of eligibility?
The Secretary of State is prohibited from placing that candidate's name on the ballot.
Can a regular voter challenge a candidate's eligibility?
Yes, an may file a petition in the Superior Court of the County of Sacramento within specific deadlines before an election.
Is there a deadline for the state to disqualify a candidate?
Yes, disqualifications cannot occur after the 88th day preceding a primary election or the 73rd day preceding a general election.

Why It Matters

This bill changes the requirements for presidential candidates to appear on California ballots by mandating sworn eligibility statements and creating new legal pathways for the public and the state to challenge a candidate's qualifications.

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Discoveries

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift90% confidence

Shift to Judicial Oversight

The bill moves the determination of presidential candidate eligibility from a purely administrative process to one involving judicial review and public petitioning.

Secretary of StateSuperior Court of the County of Sacramento

Connected Entities

personAttorney General“Authorized to conduct investigations into candidate eligibility”Map →
organizationSecretary of State“Responsible for ballot certification and eligibility determinations”Map →
locationSuperior Court of the County of Sacramento“Designated venue for legal challenges to candidate qualifications”Map →
organizationAttorney General“Authorized to conduct investigations into candidate eligibility upon referral.”Map →

Sources

Open source document

openstates.org

Analysis Score

0–100
  • Significance85
    How much this matters to a regular citizen
  • Controversy75
    Intensity of disagreement among stakeholders
  • Entertainment40
    Compellingness for a non-policy-wonk reader
  • Buzz60
    Current news / social attention level

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