Wouldn’t it be obvious if someone has been president for 8 years?

22nd Amendment disallows 3rd terms; California law forces paperwork that could be weaponized on qualified candidates

California lawmakers and Governor Gavin Newsom may have jumped the shark when they enacted a law requiring all presidential candidates to file separate paperwork saying they haven’t exceeded their constitutionally allowed time in the White House.

This adds yet another requirement to a long list that candidates in California already have to file. The United States does not secretly install presidents. Media outlets already know who’s holding office or for how long, whether its traditional news outlets, emerging digital alternatives, and encyclopedias like Ballotpedia or Wikipedia. 

California is insisting upon legalistic maximalism, and thanks to AB 1539, political parties and representatives of independent and write-in presidential candidates must file certifications under penalty of perjury that their presidential and vice presidential nominees meet the eligibility requirements of the 22nd Amendment.

Even third-party, independent, and write-in candidates must file this paperwork.

Under AB 1539:

• Political parties and independent presidential elector groups must submit certifications by 5 p.m. on the 75th day before the general election.

• Write-in presidential elector groups have until 5 p.m. on the 14th day before the election.

• Missing the applicable certification prevents ballot placement or inclusion on the certified write-in list.

As Richard Winger, editor and founder of Ballot Access News put it: “Generally, the more paperwork parties and candidates must file, the greater the odds that something will go wrong and the candidate or party will be kept off the ballot.”

His website - ballot-access.org - has documented for decades how candidates either trip on paperwork, or it’s weaponized by others who gain by limiting the field. Winger has joined the board of Ballots Without Barriers. 

If a presidential candidate like Donald Trump tries to run for a third term, the Constitution already addresses the problem. The 22nd Amendment prohibits anyone from being elected president more than twice.

California's answer? Another certification requirement, complete with the possibility of ballot exclusion if the paperwork isn't filed.

Too bad Disneyland in Anaheim lacks a Hall of Presidents for election officials to confirm whether or not a candidate has already held office for two terms. Until then, candidates in California will have to prove they haven’t.

California isn't exactly short on ballot-access requirements. An independent presidential candidate already faces a 219,403-signature requirement, which our research estimates could cost more than $3.1 million to satisfy. A new political party needs more than 76,000 registered voters to qualify. Congressional candidates face filing fees, nomination paperwork and a Top Two primary that allows only two candidates to reach November.

California is already the worst state in the country for ballot access, it didn’t need yet another burden.