On March 4, a California state trial court ordered the Secretary of State to put William Scott on the June 2026 ballot as a candidate for U.S. House, 26th district. Scott v Weber, Sacramento Superior Court, 26WM000040. Scott is a Republican.
Since 1996, the California election code has required candidates for congress or state office to sign a document saying the candidate supports the California Constitution. Scott argued that this law was an additional qualification to run for Congress, which contradicted a U.S. Supreme Court from 1995, U.S. Term Limits v Thornton, that states cannot add to the qualifications listed in the U.S. Constitution for congressional candidates.
California argued that the oath was just a “procedure”.
Other state laws that have been struck down on the basis of the qualifications argument are term limits, laws barring felons, laws requiring residency in the state at the time the candidate files to run for congress, and laws requiring congressional candidates to be registered voters.
The opinion says, “Petitioner is entitled to a writ of mandate ordering the Secretary of State: (1) to accept from petitioner, provided that it is otherwise complete, the Declaration of Candidacy for Member of the United States House of Representatives for California’s 26th District, excepting the requirement that Petitioner swear or affirm to support and defend the California Constitution; (2) include Petitioner’s name in the certified list of candidates for the June 2, 2026 primary election; and (3) take all necessary and proper steps to place Petitioner’s name on the ballot for the June 2, 2026 primary election.”