You’re right. If all the SOS has to do is verify that a candidate is ‘generally-recognized’ or is on the ballot in other states, then these types of cases won’t hold any water in court. Obviously uhhh-Bama (the constitutional lawyer) knew the legal avenues were all uphill.
I. QUALIFICATIONS
The candidate must be:
A. A natural-born citizen of the United States,
B. At least 35 years of age, and
C. A resident of the United States at least 14 years. U.S. Const., art. II, § 1(5)
II. REQUIREMENTS
There are two methods by which a person may have his or her name placed on the ballot as a presidential candidate in the February 5, 2008, Presidential Primary Election:
• by the Secretary of State as a generally-recognized candidate, or
• by circulating nomination petitions.
A. GENERALLY-RECOGNIZED CANDIDATES
1. The Secretary of State announces the names of individuals she has determined to be generally advocated for or recognized throughout the United States or California as actively seeking the nomination of the Democratic Party for President. § 60411
Criteria for determining “generally-recognized” candidates include, but are not limited to:
a. Being generally recognized as seeking and advocated for the office
b. Qualifying for federal matching funds
c. Appearing in public opinion polls, candidates’ forums, debates, etc.
d. Being on the ballot in other states’ primaries
e. Actively campaigning in California
f. Having a campaign office in California
g. The Secretary of State may also rely on advice and input from the state party chair.