CA Highest State Court Struck Down Law About Turnover Taxes to Get on Ballot

California’s Highest State Court, on Thursday, Struck Down a Law that would have Required President Trump to Hand Over his Tax Returns as a Condition to Appearing on the State’s Ballot for the Republican Presidential Primaries.

The California Supreme Court held that the "Presidential Tax Transparency and Accountability Act," Signed into Law in July, Violated the State’s Constitution.

The Law also requires Gubernatorial Candidates to Disclose their Tax Returns for Ballot Access but the California Justices did Not Address that Portion of the Law.

The Ruling comes ahead of the Nov. 26th Deadline by which Candidates would have Needed to Disclose their Tax Returns in Order to Appear on the State's March Presidential Primary Ballot.

In its Ruling, the California Supreme Court sided with the California Republican Party over California Secretary of State Alex Padilla (D).

The Court argued that the Tax-Return Law Creates an Additional Requirement that is in Conflict with the State Constitution's "specification of an inclusive open presidential primary ballot."

"The Legislature may well be correct that a presidential candidate’s income tax returns could provide California voters with important information," the Court said in its Ruling.

"But article II, section 5(c) embeds in the state Constitution the principle that, ultimately, it is the voters who must decide whether the refusal of a 'recognized candidate throughout the nation or throughout California for the office of President of the United States' to make such information available to the public will have consequences at the ballot box."

Chief Justice Tani Cantil-Sakauye Authored the Opinion of the Court, which was Joined by the other Six Justices. One Justice, Mariano-Florentino Cuéllar also filed a Concurring Opinion.

Several Lawsuits have also been filed against the California Law in Federal Court. Last month, a Federal District Court Judge in California Granted a Preliminary Injunction against the Law.

California's Secretary of State, Alex Padilla (D), has Appealed that Ruling to the Federal Court of Appeals for the 9th Circuit.

UPDATE

On November 21st, California Secretary of State Alex Padilla said he will Drop his Pending Appeal in the Ninth Circuit over whether the New California Law on Tax Returns and Presidential Candidates is Constitutional. Because the Law Violated the State Constitution, according to the California Supreme Court’s November 21st Ruling, it is a Moot Point as to whether the Law also Violates the U.S. Constitution.










NYC Wins When Everyone Can Vote! Michael H. Drucker