California State Senator Tom Umberg has introduced SB 505, to alter the method by which candidates may be placed on presidential primary ballots. Existing law does not require a presidential candidate to file. Instead, the Secretary of State automatically places candidates on a presidential primary ballot who are discussed in the news media. For minor qualified parties, the tradition has been that the Secretary of State relies on advice from the state party chairs, although in 2016 Secretary Alex Padilla refused to print some of the names suggested by the chair of the American Independent Party, and one of the names suggested by the Peace and Freedom Party.
The bill requires candidates to file, and sets qualifying criteria. Candidates must meet at least two criteria:
1. Appear in a “national presidential debate”. The term “national presidential debate” is not defined. Candidates who believe they have met this criteria must file supporting documentation that the event took place. One wonders if a Republican “national presidential debate” would be considered to have taken place if President Donald Trump had not participated in such a debate.
2. Qualify for funding for primary season matching funds. Virtually no presidential candidates still file for primary season matching funds. The bill is vague about whether “qualify” means that the candidate actually files for the funds, or whether it means that the candidate would have received the funds if he or she had filed for them.
3. The candidate has been placed on another state’s presidential primary ballot, or another state’s caucus ballot, or has qualified to be in a caucus if that state doesn’t actually have formal caucus ballots.
4. The candidate has done all of the following: (1) set up a presidential campaign office in California; (2) set up an internet webpage; (3) filed with the FEC; (4) arranged to have his or her party send a letter expressing support for that candidate being on that party’s primary ballot.
Alternative three is impractical, because the California documentation is due in early December of the year before the presidential election, and very few states have set their presidential primary ballots that early. The only states with earlier presidential primaries than California are New Hampshire and South Carolina, and the South Carolina Republican Party may cancel its 2020 presidential primary.