SB 46 enforces the two-term limit for presidents and protects California voters from a potential Constitutional crisis
January 13, 2026 - SACRAMENTO, Calif. — On Monday, Senator Thomas J. Umberg (D–Santa Ana), Chair of the 
Senate Judiciary Committee, announced new election integrity legislation to ensure that presidential candidates on California’s ballot meet the eligibility requirements set forth in the U.S. Constitution.
SB 46 – Elections Qualifications empowers the California Secretary of State to exclude presidential candidates from the ballot if they are ineligible under the Constitution to hold the office they are seeking. Most notably, this measure would disqualify a presidential candidate seeking an illegal third term in office.
Recent statements and actions by President Donald Trump and his supporters have raised serious concerns that he intends to seek a third term in 2028 — a clear and direct violation of the Constitution’s 22nd Amendment, which has been the law of the land for 75 years. In response, SB 46 not only reinforces the integrity of California elections, but it places California at the forefront of national efforts to protect voters from a potential Constitutional crisis.
“No president or candidate is above the Constitution — period,” said Senator Umberg. “When Donald Trump treats the rule of law as a suggestion, including Constitutional term limits and decades-old election laws, it directly undermines our democracy. California leaders have a duty to reaffirm and reinforce the guardrails that separate the U.S. from a monarchy or dictatorship, and this ballot integrity bill does exactly that.”
SB 46 would bring California in line with practices already used in other states to protect ballot integrity. The legislation is nonpartisan and applies equally to all future presidential candidates, regardless of party or political ideology.
“This bill is a common-sense measure to ensure Californians don’t risk wasting their votes on presidential candidates who are constitutionally ineligible to be elected,” said Donald Sherman, Executive Director and Chief Counsel of Citizens for Responsibility and Ethics in Washington (CREW). “It empowers the Secretary of State to enforce clear constitutional requirements — such as age, citizenship, and presidential term limits—while providing due process protections, including judicial review. We applaud Senator Umberg’s leadership and urge the Legislature to pass this important reform.”
SB 46 will be heard by the Senate Elections Committee on Tuesday morning and the Judiciary Committee on Tuesday afternoon, Jan. 13.
More information is available at: https://www.senate.ca.gov/
Senator Thomas J. Umberg represents the 34th Senate District, which includes the cities of Anaheim, Buena Park, Fullerton, Garden Grove, La Habra, Long Beach, Orange, Placentia, Santa Ana, and East and South Whittier. Umberg is a retired U.S. Army Colonel, former federal prosecutor, and small businessman. He and his wife, Brigadier General Robin Umberg, USA (ret.), live in Orange County.
Source: Senator Thomas J. Umberg
