Peace and Freedom Party of California

Legislative Committee

Kevin Akin, Riverside; Mary Lou Finley, San Diego; Ernesto Huerta, Los Angeles; Dave Kadlecek, Vice Chair, Sacramento; Tom Lacey, San Francisco; John Reiger, Chair, Sacramento; Alice Stek, Los Angeles; C. T. Weber, Legislative Liaison, Sacramento.

March 12, 2026

Honorable Senator Thomas Umberg

Sacramento

1021 O Street, Suite 6610

Subject: SB 46 (Umberg): Presidential elections: qualifications for office. Oppose.

Dear Senator Umberg,

The Peace and Freedom Party of California opposes SB 46. The bill would require candidates for President and Vice-President to swear under oath that they meet the constitutional qualifications to hold the office, and authorize the Secretary of State to investigate whether a candidate does in fact meet those qualifications.

The main reason we oppose the bill is that it creates an unnecessary bureaucratic burden that presidential candidates must overcome in order to be listed on our party's presidential preference primary ballot. We are currently a one state party, and our presidential ballot line is often sought by left presidential candidates running as independents or from national parties that are not ballot-qualified in California. We don't want to make it more difficult for such candidates, who may not visit California until after the list of candidates is certified, to run.

Further, there are situations in which it may be legally unclear whether a potential presidential or vice-presidential candidate is in fact eligible to hold office. Requiring such candidates to state under penalty of perjury that they are eligible puts them at legal risk, when the only situation in which it would be necessary to determine their eligibility would be if they were elected. Even if they are in fact ineligible, those who support them deserve to be able to vote for them, with such votes treated as if they were for an unpledged slate of delegates or electors led by the nominal candidate. 

For these and other reasons we oppose SB 46 and urge all legislators to vote against this bill. To learn more, please contact me at This email address is being protected from spambots. You need JavaScript enabled to view it.

Sincerely,

Dave Kadlecek

Vice-chair

Legislative Committee

Peace and Freedom Party