AB 1539

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.