CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 929

Introduced by Senator Min

January 16, 2024

An act to amend Section 6901 of, and to add Section 6901.7 to, the Elections Code, relating to elections, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 929, as introduced, Min. Presidential elections: candidate qualifications.
Existing law prescribes specific procedures by which political parties participate in the presidential primary, and it defines the role of the Secretary of State in overseeing the primary and general elections and the meeting of presidential electors. Existing law requires the Secretary of State to cause the names of the political parties’ candidates for President and Vice President to be placed on the general election ballot after receiving from each party its certified list of nominees for electors, as specified. Existing law, including the United States Constitution, governs the qualifications of candidates for elective office, including the office of President of the United States.
This bill would require the Secretary of State, before placing the name of a candidate for President or Vice President on the ballot for the general election, to determine whether the candidate satisfies the qualifications for the office described in the United States Constitution. The bill would prohibit the Secretary of State from placing on the ballot the name of any candidate who the Secretary of State determines is not eligible in accordance with these provisions. The bill would authorize a voter or candidate to challenge this determination by the Secretary of State in accordance with specified procedures.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6901 of the Elections Code is amended to read:

6901.
 Whenever a political party, in accordance with Section 6864, 7100, 7300, 7578, or 7843, submits to the Secretary of State its certified list of nominees for electors and alternate electors of President and Vice President of the United States, the Secretary of State shall notify each candidate for elector and alternate elector of the elector’s nomination by the party. The Secretary of State State, after making the determination of eligibility in accordance with Section 6901.7, shall cause the names of the eligible candidates for President and Vice President of the several political parties to be placed upon the ballot for the ensuing general election.

SEC. 2.

 Section 6901.7 is added to the Elections Code, to read:

6901.7.
 (a) Before placing the name of a candidate for President or Vice President on the ballot for the general election, the Secretary of State shall determine whether the candidate satisfies the qualifications for the office described in Clause 5 of Section 1 of Article II of, and Section 3 of the Fourteenth Amendment and the Twenty-Second Amendment to, the United States Constitution. The Secretary of State shall not place on the ballot any candidate that the Secretary of State determines is not eligible in accordance with these provisions.
(b) A voter or candidate for President or Vice President may challenge the Secretary of State’s determination made pursuant to subdivision (a) by filing an action in the Superior Court of the County of Sacramento no more than five days after the determination. The superior court shall hold a hearing to assess the validity of the challenge no more than five days after the challenge is filed. The superior court may receive evidence and shall review the determination de novo. The superior court shall issue its ruling, including findings of fact and conclusions of law, no later than forty-eight hours after the hearing. The party filing the challenge has the burden to sustain the challenge by a preponderance of the evidence.
(c) A party may appeal the ruling of the superior court in subdivision (b) to the Supreme Court by filing a petition for review within three days. If the Supreme Court declines review, the ruling of the superior court is final.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To safeguard Californians’ ability to ensure that presidential and vice presidential candidates who appear on their ballots in the 2024 statewide general election are eligible for the office, it is necessary that this act take effect immediately.