Home California Governor Brown Vetoes Bill Requiring Presidential Candidates to Show Tax Information

Governor Brown Vetoes Bill Requiring Presidential Candidates to Show Tax Information

by ECT

On Sunday, Governor Jerry Brown vetoed a bill that would have required presidential candidates to release the last five years of their tax returns in order to appear on the California ballot.

The bill was put forward by Senators Mike McGuire (D-Healdsburg) and Scott Wiener (D-San Francisco).

In his veto message on Sunday, Governor Brown stated the following:

“Although tax returns are by law confidential, many presidential candidates have voluntarily released them. This bill is a response to  President Trump’s refusal to release his returns during the last election.

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. First, it may not be constitutional. Second, it sets a “slippery slope” precedent. Today we require tax returns but what would be next? Five years of health records? A certified birth certificate? High school report cards? And will these requirements very depending on which political party is in power?

A qualified candidate’s ability to appear on the ballot is fundamental to our democratic system. For that reason, I hesitate to start down a road that well might lead to an ever escalating set of differing state requirements for presidential candidates.”

On Monday, Senator Wiener said via Twitter that he was disappointed Gov Brown vetoed our bill to require presidential candidates to disclose taxes, but they will keep fighting.


Here is the text of Senate Bill 149:

The people of the State of California do enact as follows:

SECTION 1.

Chapter 7 (commencing with Section 6880) is added to Part 1 of Division 6 of the Elections Code, to read:

CHAPTER  7. Income Tax Return Disclosure Requirements
6880.

This chapter shall be known and may be cited as the Presidential Tax Transparency and Accountability Act.

6881.

The Legislature finds and declares that the State of California has a strong interest in ensuring that its voters make informed, educated choices in the voting booth. To this end, the state has mandated that extensive amounts of information be provided to voters, including county and state voter information guides. The Legislature also finds and declares that a Presidential candidate’s income tax returns provide voters with essential information regarding the candidate’s potential conflicts of interest, business dealings, financial status, and charitable donations. The information in tax returns therefore helps voters to make a more informed decision. The Legislature further finds and declares that as one of the largest centers of economic activity in the world, the State of California has a special interest in the President refraining from corrupt or self-enriching behaviors while in office. The people of California can better estimate the risks of any given Presidential candidate engaging in corruption or the appearance of corruption if they have access to candidates’ tax returns. Finally, the State of California has an interest in ensuring that any violations of the Foreign Emoluments Clause of the United States Constitution or statutory prohibitions on behavior such as insider trading are detected and punished. Mandated disclosure of Presidential candidates’ tax returns will enable enforcement of the laws against whichever candidate is elected President. The Legislature finds and declares that compliance costs with this requirement will be trivial.

6882.

For purposes of this chapter, “income tax return” means any tax or information return, declaration of estimated tax, or claim for refund required by, or provided for or permitted under, the provisions of the Internal Revenue Code, and that is filed on behalf of, or with respect to any person, and any amendment or supplement thereto, including supporting schedules, attachments, or lists that are supplemental to, or part of, the return so filed.

6883.

(a) Notwithstanding any other law, the Secretary of State shall not print the name of a candidate for President of the United States on a primary election ballot, unless the candidate, within a reasonable timeframe established by the Secretary of State, files with the Secretary of State a copy of every income tax return the candidate filed with the Internal Revenue Service in the five most recent taxable years.

(b) If the candidate has not filed his or her income tax return with the Internal Revenue Service for the tax year immediately preceding the primary election, he or she shall submit a copy of the income tax return to the Secretary of State within five days of filing the return with the Internal Revenue Service.
(c) The requirement in subdivision (a) does not apply to any year in which the candidate was not required to file his or her income tax return with the Internal Revenue Service.
6884.

(a) The Secretary of State shall redact the social security number, address, or telephone number of any individual in an income tax return submitted pursuant to this chapter, and shall make any other redactions necessary to protect individual privacy.

(b) After redacting an income tax return, the Secretary of State shall make it available to the public on the Secretary of State’s Internet Web site.
6885.

The Secretary of State shall adopt regulations to implement this chapter.

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2 comments

American Oct 18, 2017 - 9:38 am

My comment is on the Harris Feinstein article and should be on the Gov Veto article

Old Pittsburg/Antioch Hwy Border Oct 19, 2017 - 4:56 am

Interesting that Governor Brown added birth certificate to the list asking too much of a Presidential Candidate. The constitution requires any Presidential Candidate to have been born on American soil. I can get into other specifics that are acceptable but most would agree we can not have a candidate run when their upbringing was under a different country and hence rule of law (we can debate if President Obama was too influenced as a child living outside the U.S.) No law addresses tax status or wealth of anyone running for an office. Gov. Brown wants to take away the primary way of verifying the law is not broken when a Presidential Candidate files to run for the highest office in this United States of America.

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