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PoliticsDonald Trump

Trump Doesn’t Have to Disclose His Taxes to Be on California’s Primary Ballot

By
Brian Melley
Brian Melley
and
The Associated Press
The Associated Press
Down Arrow Button Icon
By
Brian Melley
Brian Melley
and
The Associated Press
The Associated Press
Down Arrow Button Icon
November 21, 2019, 2:36 PM ET

The California Supreme Court has rejected a state law that would have required President Donald Trump to disclose his tax returns in order to have his name appear on the state’s primary ballot.

Justices said Thursday the law requiring candidates for president and governor to disclose financial information was unconstitutional.

“This additional requirement…is in conflict with the Constitution’s specification of an inclusive open presidential primary ballot,” Chief Justice Tani Cantil-Sakauye wrote in the 7-0 decision. “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.”

GOP challenges

A federal judge had temporarily blocked the state law in response to a different lawsuit and the high court ruled quickly because the deadline for submitting tax returns to get on the primary ballot is next week.

The state Republican Party and Chairwoman Jessica Millan Patterson challenged the bill signed into law by Democratic Gov. Gavin Newsom because it was aimed at Trump.

“Today’s ruling is a victory for every California voter,” Patterson said in a statement. “We are pleased that the courts saw through the Democrats’ petty partisan maneuvers and saw this law for what it is—an unconstitutional attempt to suppress Republican voter turnout.”

The state defended the law, saying tax returns are a simple way for voters to weigh candidates’ financial status.

The California law would have required candidates for president or governor to file copies of personal income tax returns dating back five years. Refusal to do so would keep them off the state’s primary ballot, but not apply to general elections.

Concerns about the precedent, voter turnout

Skeptical justices at a hearing earlier this month questioned whether such a law could open the door to future requirements of medical and psychiatric records or school report cards.

Attorney Thomas Hiltachk, arguing for the state GOP, said the law violated a 1972 voter-approved amendment guaranteeing all recognized candidates must be on the ballot.

Republicans also said it would lower voter turnout in the primary, hurting Republican legislative and congressional candidates’ chances of reaching the general election.

Trump’s tax saga

Trump has broken with tradition among presidential candidates by refusing to disclose his financial information. He has cited an ongoing Internal Revenue Service audit as the reason.

But while he may not have to disclose his taxes to be on California’s primary ballot, efforts to force disclosure of his tax returns continue in New York and on Capitol Hill.

Other courts have ordered Trump to turn over his tax returns to a Manhattan grand jury and the House of Representatives for separate investigations.

The U.S. Supreme Court is weighing whether to intervene in the demand from a congressional committee or to let a lower appeals court ruling stand that would require disclosure of Trump’s taxes.

Trump has also asked the high court to block a subpoena from a New York prosecutor for his tax returns.

Manhattan District Attorney Cyrus R. Vance Jr. is seeking the records in an investigation that includes alleged payments to buy the silence of adult film actress Stormy Daniels and Playboy centerfold Karen McDougal, both of whom claim they had affairs with the president before the 2016 presidential election. Trump has denied the allegations

More must-read stories from Fortune:

—Candidates who’ve qualified for the December Democratic debate—so far
—Bernie Sanders dominates in donations from suburban women
—2020 candidate Tom Steyer is a billionaire, but not that kind of billionaire
—The 2020 tax brackets are out. Here’s what you need to know
—More companies are openly supporting abortion rightsGet up to speed on your morning commute with Fortune’s CEO Daily newsletter.

About the Authors
By Brian Melley
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By The Associated Press
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