An act to amend Sections 6901.5, 8304, and 8650 of the Elections Code, relating to elections.
Summary
AB 1539 would change California’s presidential ballot qualification rules by requiring a formal certification, under penalty of perjury, that presidential and vice presidential nominees are constitutionally eligible to serve as President under the U.S. Constitution’s Twenty-Second Amendment. The bill applies this requirement to qualified political parties, independent presidential candidates, and write-in presidential candidates. For party nominees and independent candidates, the certification would have to be submitted by 5 p.m. on the 75th day before the general election; for write-in presidential candidates, the deadline would be 14 days before the election.
If the required certification is not filed on time, the Secretary of State would be prohibited from placing the candidates’ names on the ballot. The bill also updates related Elections Code provisions governing presidential electors, independent groups, and write-in candidacies so that vice presidential nominees are certified as constitutionally eligible for the vice presidency as well, based on their eligibility for the presidency under the Twelfth Amendment. The measure is framed as an election administration and ballot-access bill, and it includes a no-reimbursement provision despite creating a new perjury-related requirement.
Impact
AB 1539 would amend Elections Code Sections 6901.5, 8304, and 8650 to add a new state-level eligibility certification requirement for presidential and vice presidential candidates appearing on California ballots. In practical terms, it would give the Secretary of State authority to exclude candidates from the ballot if the required constitutional eligibility certification is missing or late. The bill would affect qualified political parties, independent presidential candidates, write-in presidential candidates, and the representatives who file nomination paperwork on their behalf. It also expands the scope of perjury-related obligations tied to ballot access, which the bill identifies as creating a state-mandated local program, while declaring that no state reimbursement is required.
Sentiment
The available voting history suggests generally favorable support for the bill in committee, with one recorded vote showing unanimous approval at an earlier stage and the most recent committee action advancing it by a 5-1 vote. The bill was moved forward and re-referred to Appropriations, indicating it remained alive and had enough support to continue through the process. No committee transcript is available, so there is no direct record of floor or committee debate in the provided materials. Overall, the sentiment appears supportive, though not unanimous.
Contention
The main point of contention is likely the bill’s ballot-access restriction: opponents may view the certification requirement as an added procedural hurdle that could exclude candidates from the ballot for a paperwork failure rather than a substantive constitutional defect. Another possible concern is the use of perjury penalties and the Secretary of State’s role in enforcing eligibility determinations, which could raise questions about administrative burden and who is responsible for verifying constitutional qualifications. Supporters, by contrast, appear to favor the measure as a way to ensure that only constitutionally eligible presidential and vice presidential candidates appear on California ballots. The single recorded no vote suggests at least some disagreement, but no detailed objections are included in the record provided.
A BILL to amend and reenact §§ 24.2-105, 24.2-241, 24.2-242, 24.2-501, 24.2-502, 24.2-503, 24.2-505, 24.2-506, 24.2-509, 24.2-511, 24.2-516, 24.2-517, 24.2-520, 24.2-521, 24.2-522, 24.2-525, 24.2-527, and 24.2-545 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 5 of Title 24.2 an article numbered 8, consisting of a section numbered 24.2-546, relating to elections; candidates for office; electronic filing of required forms filed with Department of Elections.