California Supreme Court says candidate tax-return disclosure law can't apply to presidential ballot (1 Viewer)

[superchuck500]

Yet another example that most of the time, courts (especially high courts) apply law and legal principles - and do not reverse-engineer case results for political ends.

 

[BobE]

Chuck (Super not regular) any chance this gets appealed?

 

[UncleTrvlingJim]

Seems like probably the right ruling

 

[superchuck500]

The Cal. Supreme Court found the measure violated a 1972 Cal. constitutional amendment:

In overturning the provisions affecting presidential primaries, the court cited Proposition 4, a constitutional amendment approved by voters in 1972 that made it easier for presidential candidates to get on the state ballot. The court said that amendment barred the new disclosure requirement in the law, called the Presidential Tax Transparency and Accountability Act.

“Whatever authority the Legislature may have in defining how presidential primaries are to occur in this state, the challenged sections of the act exceed such authority and are unenforceable,” Chief Justice Tani Cantil-Sakauye wrote for the court.

Trump may withhold tax returns and appear on ballot, California Supreme Court rules

The California Supreme Court strikes down requirement that presidential primary candidates submit five years of income tax filings for a spot on state ballot.

www.latimes.com

 

[superchuck500]

Chuck (Super not regular) any chance this gets appealed?

No, the ruling is from the Cal. Supreme Court is it relates to constitutionality under state law - there is no higher court for appeal.

 

[BobE]

No, the ruling is from the Cal. Supreme Court is it relates to constitutionality under state law - there is no higher court for appeal.

I completely missed the whole Supreme court part I'll go back to my hole now.

 

[superchuck500]

I completely missed the whole Supreme court part I'll go back to my hole now.

Well there’s always the SCOTUS but not on questions of state constitutionality.

 

[superchuck500]

Note that it appears that the problem identified by the Cal. Supreme Court relates to presidential ballot access. It appears that the law will remain in effect for other elections.