When California Secretary of State Shirley Weber released the list of all candidates who qualified for the March primary ballot, former President Donald Trump’s name was included.
Despite pressure from other Democrats to follow two other states in invoking the 14th Amendment in declaring Trump ineligible, Weber maintained California law does not allow (at least clearly) her to remove Trump because of his role in the Jan. 6 Capitol insurrection.
So Sen. Dave Min, D-Irvine, has set out to ensure the secretary of state will, in fact, have the authority to determine a candidate’s eligibility before certifying the presidential ballot. His bill, filed last week, specifically includes Section 3 of the 14th Amendment as a determinant for eligibility.
That part of the 14th Amendment — which bars people from holding office, including the presidency, if they “have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof” — is what Colorado has used to determine Trump is disqualified for the ballot because of his actions around the deadly attack on the Capitol in 2021.
Maine also determined that, but a judge put that order on hold so the U.S. Supreme Court can rule on the Colorado case. A decision could come quickly after the scheduled Feb. 8 arguments.
Some eligibility requirements, like age or citizenship, Min said, may be more palatable because they are more frequently taught in schools. But that specific part of the 14th Amendment, what’s been called the insurrection clause, may not have been as prevalently taught until more recently, he said.
“While I recognize that many are uncomfortable with the proposition of actually applying this provision of the Constitution, I believe strongly that we are a nation of laws and that the rule of law must apply to everyone equally, no matter how controversial that may be,” said Min.
“This bill would put us in sync with the vast majority of states around the country that already give their secretaries of state the ability to determine eligibility” for presidential candidates, Min said.
The March 5 primary ballot is already certified, and this bill would not have bearing on it. But it could affect the general election.
The bill has what’s called an urgency clause, meaning it needs a two-thirds majority in both the Assembly and Senate to pass and would take effect immediately upon the governor’s signature.
“It’s about time our secretary of state does the same thing most secretaries of state already do,” said Min.
In other news
• Sen. Kelly Seyarto dropped his veteran legislative package last week. It includes a bill to formally establish the state’s Purple Star Program, giving military families an idea of which schools may best fit their needs, to ensure the program’s continuation, according to his office. It also includes legislation that adds extended education courses to those covered by the CalVet Fee Waiver, a program that eliminates fees and tuitions for certain military spouses or children who attend a California community college, California State University or University of California school.
“We need to keep up with the changing landscape in education and the benefits military families receive to advance their quality of life,” said Seyarto, a Republican who represents Yorba Linda. “This is an easy way to show that continued support.”
• The Senate confirmed Lindsey Sin as secretary of the California Department of Veterans Affairs. A longtime member of the department, Sin is the first woman to serve in the role since Virginia Mae Days was appointed director in 1975, according to the department.
• Assemblymember Laurie Davies, R-Laguna Niguel, is behind a bill that adds a one-year penalty enhancement, on top of their sentence, for someone found guilty of selling fentanyl near a church, community playground or daycare facility. There’s already such an enhancement for those who are found to be selling cocaine or heroin near those places, and this would add fentanyl to the list.
Source: Orange County Register
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