California’s Democratic governor signed a law Tuesday requiring presidential candidates to release their tax returns to appear on the state’s primary ballot, a move aimed squarely at Republican President Donald Trump.
But even if the law withstands a likely legal challenge, Trump could avoid the requirements by choosing not to compete in California’s primary. With no credible GOP challenger at this point, he likely won’t need California’s delegates to win the Republican nomination.
While aimed at Trump, the law also applies to candidates for governor. Newsom said California’s status as one of the world’s largest economies gives it “a special responsibility” to require tax returns from its prospective elected officials.
“These are extraordinary times and states have a legal and moral duty to do everything in their power to ensure leaders seeking the highest offices meet minimal standards, and to restore public confidence,” Newsom wrote in his signing statement.
The Trump campaign called the bill “unconstitutional,” saying there were good reasons why California’s former Democratic Gov. Jerry Brown vetoed a similar proposal last year.
“What’s next, five years of health records?” said Tim Murtaugh, communications director for Trump’s campaign.
The courts will likely have the final say. The bill’s author, Democratic state Sen. Mike McGuire, said lawmakers made sure the law only applies to the state’s primary ballot because the state Constitution says the state Legislature does not control access to the general election ballot.
Newsom’s message to state lawmakers on Tuesday said the law is constitutional because “the United States Constitution grants states the authority to determine how their electors are chosen.”
But Murtaugh said the law violates First Amendment right of association “since California can’t tell political parties which candidates their members can or cannot vote for in a primary election.”
While states have authority over how candidates can access the ballot, the U.S. Constitution lays out a limited set of qualifications someone needs to meet to run for president, said Rick Hasen, a professor specializing in election law at the University of California-Irvine School of Law. Those qualifications include the requirement that presidential candidates be over age 35.
The U.S. Supreme court has previously stopped state efforts to add requirements on congressional candidates through ballot access rules.
New York has passed a law giving congressional committees access to Trump’s state tax returns. But efforts to pry loose his tax returns have floundered in other states. California’s first attempt to do so failed in 2017 when then-Gov. Jerry Brown, a Democrat, vetoed the law, raising questions about its constitutionality and where it would lead next.
The major Democratic 2020 contenders have already released tax returns for roughly the past decade. Trump has bucked decades of precedent by refusing to release his. Tax returns show income, charitable giving and business dealings, all of which Democratic state lawmakers say voters are entitled to know about.
California’s new law will require candidates to submit tax returns for the most recent five years to California’s Secretary of State at least 98 days before the primary. They will then be posed online for the public to view, with certain personal information redacted.
California is holding next year’s primary on March 3, known as Super Tuesday because the high number of state’s with nominating contests that day.
Democratic Sen. Mike McGuire of Healdsburg said it would be “inconsistent” with past practice for Trump to forego the primary ballot and “ignore the most popular and vote-rich state in the nation.”
Republican Party of California chairwoman Jessica Millan Patterson said Newsom signing the law shows Democratic leaders in the state continue “to put partisan politics first,” urging Democrats to instead join Republicans “in seeking ways to reduce the cost of living, help our schools and make our streets safer.”
So glad you are doing something useful
There’s no point if he doesn’t plan on winning California
instead of leaning up LA and Sf he doing this nonsewnse
Great! This law ought to bring down LA’s homeless rate drastically!
When the racist dumbbell trump was leading the birther movement, he said Obama doesn’t want to show his birth certificate, “he must have something to hide, something he doesn’t want people to see”. Hmmm, sounds exactly like his tax returns.
If there is a primary challenge, the likely result will be that the Republican convention will simply vote not to seat the anti-Trump candidates who win with Trump off the ballot. Since political parties are private organizations, they are not bound. Alternatively, the California Republican party could switch to some form of voting (mail ballots, caucuses) that the government can’t regulate.
If they try banning a national party candidate in the Presidential election it will invite retaliation from other states, and will raise a question if the House (if controlled by Republicans) will disallow the electoral votes cast in a state that didn’t have a democratic (small “d”) election – though in theory states could always abolish voting for electors and have the state legislature choose them, as was once the case.
rt, we all want to see your tax returns posted on this forum. Do you have something to hide? BTW: the questions about Obama’s birth certificate originally were raised by your “president” Hillary Clinton in 2008.
So long as it’s only for the primary, this seems to me to be constitutional. The whole concept of state-run primaries is not contemplated by the constitution, so it can’t control them. States don’t have to have primaries in the first place, so it seems to me that if a state chooses to have one it can decide the rules. But if (as is almost certain) he is the GOP nominee he will be on the ballot in November, and there’s nothing CA can do to prevent that.
Yes, of course he’s hiding something. Probably something embarrassing. But whatever it is, it doesn’t relate to his eligibility for office, so it’s none of any state’s business to inquire into it. The constitution sets out the qualifications for office, and no state has the right to add to them.