Gov. Vetoes CA Bill Requiring Candidates Release Tax Returns

UPDATED - October 16, 2017: California Gov. Jerry Brown has vetoed the bill that would have required presidential candidates to release five years of tax returns or not appear on the Golden State ballot.

In his veto memo, Brown, a democrat, wrote that “While I recognize the political attractiveness — even the merits — of getting President Trump's tax returns, I worry about the political perils of individual states seeking to regulate presidential elections in this manner. Will these requirements vary depending on which political party is in power?"

Brown also raised concerns about creating a slippery slope by signing the legislation into law.

”Today we require tax returns, but what would be next?" Brown wrote. "Five years of health records? A certified birth certificate? High school report cards?”

Brown himself broke with California gubernatorial tradition, not releasing his tax returns during his 2010 or 2014 campaigns.

Countable’s earlier story appears below.

What’s the story?

California lawmakers have sent Gov. Jerry Brown a bill that requires all presidential candidates to release five years of tax returns—or not appear on the Golden State’s ballot.

Senate Bill 149 was inspired by Donald Trump breaking 40 years of tradition by not releasing his tax returns. But the information found in tax returns, the bill says, provides "voters with essential information regarding the candidate’s potential conflicts of interest, business dealings, financial status, and charitable donations."

If Gov. Brown signs the bill, Trump would be required to release his tax returns to appear on the 2020 ballot.

Why does it matter?

"President Trump’s blatant disregard for the tradition of releasing tax returns is dangerous to our democracy," Democratic state Sen. Mike McGuire - one of the authors of the bill - said in a statement. He continued,

"For decades, every President has put their personal beliefs aside and put our country first and released their returns. [This bill] helps to reestablish desperately needed transparency in the White House."

Tax returns would be available for the public to read on the California Secretary of State’s website.

As the Sacramento Bee noted, "The Legislature’s own lawyers have said the bill is legally questionable, issuing an opinion suggesting it would likely violate the qualifications clause of the U.S. Constitution."

However, some believe these laws could survive a legal challenge, as Countable reported about a similar measure in Massachusetts.

William Galvin, the Democratic secretary of state of Massachusetts, said, "I don't think there's any doubt that the states have the right to proscribe conditions for access to the ballot. We do that all the time." Galvin explained that the state also requires Congressional candidates to collect a certain number of signatures to get on the ballot, and "adding this additional qualification of disclosure is just one more question of access to the ballot."

Similar bills are pending in 24 states. In 2016, New Jersey lawmakers passed legislation requiring presidential candidates to disclose their tax returns, but it was vetoed by Gov. Chris Christie.

Gov. Brown has one month to sign the bill into law or veto it. Ironically, he’s also the first governor of California in more than 30 years to not release his own tax returns.

What do you think?

The Constitution says there are only three requirements to be elected president: The Commander in Chief must be a "natural born citizen," at least 35 years old and a resident within the U.S. for 14 years. However, states do have the right to create conditions to get on the ballot. Should releasing tax returns be one of them? Hit the Take Action button, tell your state reps, then comment below.

Related Reading

• Mass. Bill Would Require Presidential Candidates to Release Tax Returns

• Should the President be Required to Publicly Disclose His Tax Return?

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