California Moves to Keep Trump Off 2028 Ballots

State legislation aims to safeguard the Constitution and prevent a third presidential term

Published on Feb. 25, 2026

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In response to President Donald Trump's hints about serving a third term, California state Sen. Tom Umberg has introduced legislation to exclude presidential candidates from the state's ballot if they are ineligible to hold office under the Constitution's two-term limit. The 'no kings' bill, known as SB 46, would empower the California secretary of state to keep Trump's name off the 2028 ballot if he attempts to run again.

Why it matters

The 22nd Amendment to the U.S. Constitution limits presidents to two elected terms, but Trump has repeatedly suggested he should be able to serve additional terms. This has raised concerns about the potential erosion of democratic norms and the peaceful transfer of power. SB 46 is an effort by California to safeguard the election process and uphold constitutional limits on the presidency.

The details

SB 46 would enable California's secretary of state to exclude presidential candidates from the state's ballot if they are ineligible to hold office, according to the Constitution's two-term limit. The bill is a direct response to Trump's suggestions that he should be able to serve a third term, which some of his supporters have echoed with merchandise reading 'Trump 2028 (Rewrite the Rules)'. While the 22nd Amendment seems clear, Umberg says the measure is necessary given Trump's past statements questioning the legitimacy of elections.

  • In late 2025, Trump supporters began selling merchandise with the slogan 'Trump 2028 (Rewrite the Rules)'.
  • In a press conference last fall, Trump told reporters that a third term would really be his 'fourth term' due to the 'rigged' 2020 election.
  • On January 28, 2026, the FBI executed a warrant at the Fulton County Election Hub in Georgia while investigating Trump's false claims of election rigging.

The players

Tom Umberg

A California state senator who introduced SB 46, legislation to exclude presidential candidates from the state's ballot if they are ineligible to hold office under the Constitution's two-term limit.

Donald Trump

The former president who has hinted at and explicitly talked about serving a third term, despite the 22nd Amendment's two-term limit.

Terri Jett

A political scientist, scholar, and activist from Richmond, California who supports SB 46 as a necessary safeguard for the election process.

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What they’re saying

“Most of us think that the Constitution is quite clear on that point, but there's at least one person who thinks they should be able to serve a third term. Thus we need this bill to make it absolutely crystal clear that in California, if you serve two terms as president, you cannot appear on the ballot to serve a third term.”

— Tom Umberg, California State Senator (bohemian.com)

“Our checks and balances system is not working properly. The rule of law actually also is not working properly.”

— Terri Jett, Political Scientist and Activist (bohemian.com)

What’s next

If SB 46 is passed, the California secretary of state will have the authority to exclude any presidential candidate from the state's ballot who is ineligible to hold office under the Constitution's two-term limit. This could set the stage for legal challenges if Trump attempts to run for a third term.

The takeaway

This legislation highlights the growing concerns about the potential erosion of democratic norms and the peaceful transfer of power, as well as the need to safeguard the Constitution's limits on presidential terms. It reflects the broader political tensions and divisions in the country surrounding the 2020 election and Trump's continued questioning of its legitimacy.