California Supreme Court Invalidates Statutes Requiring Filing Of Tax Returns To Appear On Presidential Ballot

Allen Matkins
Contact

Allen Matkins

Yesterday, the California Supreme Court issued its opinion in Patterson v. Padilla, Case No. S257302 (Nov. 21, 2019).  At issue was "whether portions of the recently enacted Presidential Tax Transparency and Accountability Act (Elec. Code, § 6880 et seq.) (the Act) conflict with article II, section 5, subdivision (c) of the California Constitution (article II, section 5(c)) and are therefore invalid".  In an opinion by Chief Justice Tani Cantil-Sakauye, the Supreme Court held:

". . . Elections Code sections 6883 and 6884 are invalid under article II, section 5(c) of the California Constitution insofar as they purport to require someone who is 'recognized . . . throughout the nation or throughout California' as a candidate for the office of President of the United States to file with the Secretary of State federal income tax returns as a necessary condition for appearing on the primary election ballot of a political party that has qualified to participate in that election".

Justices Chin, Corrigan, Liu, Cuéllar, Kruger and Groban concurred with Justice Cuéllar filing a concurring opinion.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Allen Matkins | Attorney Advertising

Written by:

Allen Matkins
Contact
more
less

Allen Matkins on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide