AB 1539

AB1539:v96#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 1539

An act to amend Sections 6901.5, 8304, and 8650 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL'S DIGEST

AB 1539, as amended, Addis. Presidential elections: qualifications for office.

The Twenty-Second Amendment to the United States Constitution prohibits the election of any person to the office of the President more than twice. Under existing state law, each qualified political party is required to notify the Secretary of State of the names of the party’s nominees for President and Vice President on or before the 75th day before a presidential general election. Existing law requires the Secretary of State to cause the names of each party’s nominees for President and Vice President to be placed upon the ballot for the election.

This bill would require a representative of each qualified political party, and a representative of each independent presidential candidate or write-in presidential candidate, to certify to the Secretary of State, under penalty of perjury, that their nominees for President and Vice President are both qualified to be elected President under the Twenty-Second Amendment. If that certification is not made by the 75th day before the general election for the candidate of each qualified political party and an independent candidate, or by the 14th day before the general election for a write-in candidate, the bill would prohibit placing the names of those nominees for President and Vice President upon the ballot for the election. By expanding the crime of perjury, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

Bill Text

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

SECTION 1.

Section 6901.5 of the Elections Code is amended to read:

6901.5.

(a) By 5 p.m. on the 75th day before an election when electors for the President and Vice President of the United States will be chosen, each political party qualified to participate in the election shall notify the Secretary of State of the names of that party’s nominees for the offices of President and Vice President of the United States. If a qualified political party has not held its national convention by 5 p.m. on the 75th day before the election, the party shall notify the Secretary of State of the names of the party’s apparent nominees for the offices of President and Vice President of the United States.

(b) (1) By 5 p.m. on the 75th day before an election when electors for the President and Vice President of the United States will be chosen, a representative of each political party qualified to participate in the election shall certify to the Secretary of State in writing, under penalty of perjury, that the party’s nominee or apparent nominee for the office of President of the United States is qualified to be elected to that office under the Twenty-Second Amendment to the United States Constitution. By 5 p.m. on the 75th day before the election, a representative of each qualified political party shall also certify to the Secretary of State in writing, under penalty of perjury, that the party’s nominee or apparent nominee for the office of Vice President of the United States is qualified to be elected to the office of President of the United States under the Twenty-Second Amendment to the United States Constitution and therefore is constitutionally eligible for the office of Vice President of the United States under the Twelfth Amendment to the United States Constitution.

(2) Each political party shall include the written certifications required by paragraph (1) in the notification that is submitted to the Secretary of State in accordance with subdivision (a).

(3) Notwithstanding Section 6901 or any other law, if either of the certifications required by paragraph (1) is not made, the names of a party’s nominees for the offices of President and Vice President of the United States shall not be placed upon the ballot for the ensuing general election.

SEC. 2.

Section 8304 of the Elections Code is amended to read:

8304.

(a) When a group of candidates for presidential electors designates the presidential and vice presidential candidates for whom all of the group pledge themselves to vote, by 5 p.m. on the 75th day before the election, a representative of the group shall certify to the Secretary of State in writing, under penalty of perjury, that the designated presidential candidate is qualified to be elected to that office under the Twenty-Second Amendment to the United States Constitution. By 5 p.m. on the 75th day before the election, a representative of the group shall also certify to the Secretary of State in writing, under penalty of perjury, that the designated vice presidential candidate is qualified to be elected to the office of President of the United States under the Twenty-Second Amendment to the United States Constitution and therefore is constitutionally eligible for the office of Vice President of the United States under the Twelfth Amendment to the United States Constitution.

(b) If the group of candidates for presidential electors complies with the requirement of subdivision (a), the names of the presidential candidate and vice presidential candidate designated by that group shall be printed on the ballot pursuant to Chapter 2 (commencing with Section 13100) of Division 13.

SEC. 3.

Section 8650 of the Elections Code is amended to read:

8650.

(a) Any group of individuals, equal in number to the number of presidential electors to which this state is entitled, who desire to be write-in candidates for presidential electors pledged to a particular candidate for President and Vice President of the United States shall file a declaration of write-in candidacy.

(b) When a group of write-in candidates for presidential electors designates the presidential and vice presidential candidates for whom all of the group pledge themselves to vote, by 5 p.m. on the 14th day before the election, a representative of the group shall certify to the Secretary of State in writing, under penalty of perjury, that the designated presidential candidate is qualified to be elected to that office under the Twenty-Second Amendment to the United States Constitution. By 5 p.m. on the 14th day before the election, a representative of the group shall also certify to the Secretary of State in writing, under penalty of perjury, that the designated vice presidential candidate is qualified to be elected to the office of President of the United States under the Twenty-Second Amendment to the United States Constitution and therefore is constitutionally eligible for the office of Vice President of the United States under the Twelfth Amendment to the United States Constitution.

(c) If a group of write-in candidates for presidential electors complies with the requirements of subdivisions (a) and (b), the names of the presidential write-in candidate and vice presidential write-in candidate designated by the group shall appear on the certified list of presidential write-in candidates prepared by the Secretary of State.

SEC. 4.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.