New Jersey Considers Requiring Candidates’ Tax Returns in Order to Appear on Presidential Ballot
[guest post by JVW]
From the South Jersey Courier Post:
New Jersey Democrats are reviving a controversial effort to force President Donald Trump to release his tax returns or be denied a spot on the state’s 2020 ballot.
The state Senate on Thursday approved a bill — which the Legislature passed once before, in 2017, but which then-Gov. Chris Christie blocked by issuing a scathing veto — that would prohibit candidates for president and vice president from appearing on the ballot unless they make their tax returns public.
Similar legislation has been introduced in at least 30 states but never enacted, according to the National Conference of State Legislatures, meaning New Jersey would be the first to impose such a disclosure requirement if its measure is also approved by the Assembly and signed by Gov. Phil Murphy, a Democrat.
Good for the Garden State, right? I mean, it’s important that our political leaders be above reproach with their financial dealings so that we, who consent to be governed, know that we have honest and ethical leaders. This is such a great idea that it really should apply to elected officials everywhere, right? Well, not quite:
In a similar spirit, state Sen. Joe Pennacchio, R-Morris, sought to amend the latest bill during Thursday’s Senate voting session to make it apply to all gubernatorial, state Senate and Assembly candidates as well as presidential and vice presidential candidates.
“What’s good for the goose is what’s good for the gander,” Pennacchio said in a statement explaining the move. “If this really is about making sure voters are well-informed, then common sense dictates that S-119 should apply to all of us.”
Democrats blocked the amendments.
Ah, Jersey. Never change, you rascals you.
Cross-posted at The Jury Talks Back.
– JVW
Jerry Brown makes a guest appearance in the article. I had forgotten that he vetoed similar legislation pushed through by California Democrats. I imagine Governor Gavin will gladly sign it if it comes up again.
JVW (54fd0b) — 2/22/2019 @ 11:04 amI really need to leave this state.
I meet so many normal people here and they hate the way this state is run. But it’s controlled by the leftist unions and big cities like many other leftist enclaves.
NJRob (4d595c) — 2/22/2019 @ 11:11 amSeems blatantly unconstitutional to me. Nothing in the Constitution makes disclosing your tax returns a qualification for any office, including President. (I guess NJ could require it for State elected positions.)
Bored Lawyer (998177) — 2/22/2019 @ 11:16 ambring it on.
mg (93d2b1) — 2/22/2019 @ 11:18 amThis has also been talked about in New York. It’s a general Democratic plan.
It’s not unconstitutional because a state can pick Electors any way it wants. There are a few restrictions, like having no right to limit eligibiity to vote by reaosns of race, sex and age (if they wanted to raise it above 18) but basically they can add any requirements they want.
A state has more of a right to regulate a presidential election than Congressional election, for which Congress can make rules.
Sammy Finkelman (102c75) — 2/22/2019 @ 11:22 amLeave it to a Repub to poison the well. Do we really need to see the tax returns of the dog-catcher too? I mean, where do you draw the line? I don’t know, but asking for our president’s sounds like a reasonable request, especially since many of them prior to this scoundrel in office now have voluntarily provided theirs, since they had nothing to hide.
Tillman (61f3c8) — 2/22/2019 @ 11:25 amNew Jersey would not be adding any requirements for any person to be elected president. It would be adding a requirement to be on the ballot – or for how the ballot to pick Electord would look.
If you read the small print, you are never voting for President in a general election – you are voting for Electors pledged to a certain candidate.
Sammy Finkelman (102c75) — 2/22/2019 @ 11:25 amThe Republicans could evade the law by putting up a dummy candidate whom the Electors (if they were somehow elected in a heavily blue state) would not actually vote for.
https://www.axios.com/states-tax-return-laws-presidential-2020-trump-88e84cce-7214-409d-b4c7-a24aad919bdb.html
If this law was passed in Arizona, it might affect the outcome. But I think, worse comes to worse, they’d (most easily) just name Donald Trump Jr (whose name is almost exactly the same) as their presidential candidate and he would release his tax returns. But such maneuver could cost the Republican ticket votes, so they’d want to avoid that.
There’s an argument that because federal law guarantees the confidentiality of tax returns, a state can’t require that as a condition of doing anything, but in that case, neither could a bank make it a condition for a mortgage loan.
Sammy Finkelman (102c75) — 2/22/2019 @ 11:37 amI meet so many normal people here and they hate the way this state is run. But it’s controlled by the leftist unions and big cities like many other leftist enclaves.
Hello from California.
JVW (54fd0b) — 2/22/2019 @ 11:40 amIllinois and its pension hypocrites salute!
urbanleftbehind (5eecdb) — 2/22/2019 @ 11:46 amLeave it to a Repub to poison the well. Do we really need to see the tax returns of the dog-catcher too? I mean, where do you draw the line? I don’t know, but asking for our president’s sounds like a reasonable request, especially since many of them prior to this scoundrel in office now have voluntarily provided theirs, since they had nothing to hide.
Two things, Tillman:
(1) So I take it that you would also support requiring the full release of a candidate’s medical records too then. After all, in 1992 Paul Tsongas was hiding from the American public the fact that his cancer, thought to be in remission, had recently returned, and had he been elected President he very well may have died by the end of his first term. At the very least his ability to do the job would have been severely impacted.
(2) Given that some past New Jersey Senators and Governors (think Robert Tortcelli and Jon Corzine) have found themselves in financial difficulties, and given that New Jersey is frankly a corrupt state from Norwood down to Cape May, don’t you think that it’s perfectly acceptable that we require all statewide candidates to disclose their finances? It doesn’t have to filter down to the level of major or dog catcher, but a U.S. Senator, Governor, and state legislature ought to be within the bounds of reason.
JVW (54fd0b) — 2/22/2019 @ 11:47 amJVW:
(1) Not sure if that’s a slippery slope fallacy or a red herring, but if other President’s have been forthright in providing their tax returns, why shouldn’t all of them? Health records are a different subject.
(2) That may be true, but I bet that the Repub who “sought to amend” the bill was just being a Con Don suck-up and didn’t want presidents to have to reveal their returns.
The biggest asset that government has over private industry is that it forces transparency, at least in some cases. If we give all that up, we might as well throw up our hands and admit that our government is merely a bed of corruption – an Enron. But that would be stupid, wouldn’t it?
Tillman (61f3c8) — 2/22/2019 @ 11:59 amNot sure if that’s a slippery slope fallacy or a red herring, but if other President’s have been forthright in providing their tax returns, why shouldn’t all of them? Health records are a different subject.
(1) In point of fact, every candidate up until Bill Clinton released a full health report. Clinton was the first to release simply a summary report. The rumor always was that he was hiding past treatment for venereal disease, but in any case it was Bubba who changed the tradition in 1992.
(2) Or maybe NJ Dems were being their typically sleazy selves and trying to exempt themselves from requirements that they would impose on an incumbent President whom they don’t like. I could easily see them repealing this bill if Cory Booker were the nominee and asked them to.
JVW (54fd0b) — 2/22/2019 @ 12:14 pmJVW, what’s the worst that could happen from bad health except the President might, um, “expire” too soon. That’s a sideshow.
In comparison, a tax return could reveal, oh, I don’t know… maybe indebtedness to The Kremlin or some other potential nightmare irrevocably compromising the candidate?
Tillman (61f3c8) — 2/22/2019 @ 12:23 pm“JVW, what’s the worst that could happen from bad health except the President might, um, “expire” too soon.“
The warm-spirited, generous good nature is always in evidence with the Left… my God, they are so endearing.
Colonel Haiku (273e2b) — 2/22/2019 @ 12:33 pmNo brainer. (Which is what New Jerseyans are too.) Unconstitutional every which way from Sunday. But slicked-up Democrat ladyboys will slick up.
nk (dbc370) — 2/22/2019 @ 12:38 pm2 and 9… yes, as longtime Caliunicornians – since early childhood – my wife and I have begun the search for a new state to put down roots. There is little chance of the state’s politicians regaining even a modicum of sanity, so in light of that, we’ve had more than enough, thank you.
Colonel Haiku (273e2b) — 2/22/2019 @ 12:39 pmWhile I support this as a policy matter, I don’t understand how it doesn’t violate US Term Limits v Thornton, which held that a state can’t add a qualification for federal office and therefore can’t prohibit congressmen from running for re-election after the expiration of term limits.
aphrael (e0cdc9) — 2/22/2019 @ 12:57 pm1. This wouldn’t have come up but for the fact that Trump refused to release any tax returns.
Paul Montagu (0eb929) — 2/22/2019 @ 1:00 pm2. The law is probably unconstitutional. The only requirements for the job are age and citizenship.
3. Democrats are being short-sighted because I’m sure a lot of Democrat tax returns don’t look so good.
JVW, I would support a statewide ballot measure (in CA) requiring that all candidates for statewide elected officeholders, all candidates for state state legislatore, and all candidates for city council or county supervisor in a jurisdiction larger than some number disclsoe their tax returns.
The hedging about cities is that while I think it’s reasonable to require it in a city the size of San Francisco or LA, it’s problematic to require it in Alpine County.
aphrael (e0cdc9) — 2/22/2019 @ 1:00 pmPaul Montagu,
(1) is certainly true, but that doesn’t mean it’s an anti-Trump attack per se. If you think that it’s a good thing for presidential candidates to release their tax returns, and they’ve always done it as far as you can remember, and then a candidate *doesn’t*, it’s a reasonable reaction to say “oops, i didn’t know that was possible, maybe there ought to be a law requiring it.”
aphrael (e0cdc9) — 2/22/2019 @ 1:01 pmJVW @13:
Starting from when? I don’t think George Washington. There weren’t even medical reports then. I don’t think FDR in 1944. I don’t even think John F. Kenendy in 1960, who is known to have concealed Addison’s disease and concocted afalse explanation for his back pain. (caused by medical treatment)
Basically, if somebody can walk all right, they are fine, and probably good for another nine years..
Sammy Finkelman (102c75) — 2/22/2019 @ 1:09 pmand look ye here…
Kishnevi (e95dc4) — 2/22/2019 @ 1:18 pmhttps://heavy.com/news/2018/09/cory-booker-net-worth/
States can pick electors any way they want. That can also control ballot access and I have all sorts of rule about what you have to do to get on the ballot. I think this is legal. I think it’s a good thing for candidates to release their tax returns. I also think it’s a bad idea. I’m worried it will lead the unscrupulous trying to game the system in potential swing states.
That said, Trump should have released his tax returns. Anyone who says otherwise has less credibility with me on any issue related to corruption or limited government.
Time123 (353edd) — 2/22/2019 @ 1:19 pmaphrael (e0cdc9) — 2/22/2019 @ 12:57 pm
because it is neither aqualification for office or a violation of any federal rule for elections for Congress.
This ould be arequirement for being able to list a name that candidates for Elector are pledged to – and any state can appoint Electord any way it wants.
Article 2, Section 1
https://www.law.cornell.edu/constitution/articleii
Now every state has appointed them by popular vote since the Civil War (South Carolina was the big exception from at least 1836 to 1860 with the state Legislature still selecting them) The only limitation of astates power is this:
Which they did in 1844, I think. And Maine no longer voted first. They still voted for Governor and otehr statewide and congressional offices in September. If I am right.
Sammy Finkelman (102c75) — 2/22/2019 @ 1:19 pm>That can also control ballot access and I have all sorts of rule about what you have to do to get on the ballot.
That’s true, and at the same time it’s also true that they can’t use ballot access rules to add aditional requirements for federal offices.
aphrael (e0cdc9) — 2/22/2019 @ 1:22 pm24. Time123 (353edd) — 2/22/2019 @ 1:19 pm
Not really.
All that a political party has to do is run astand-in candidate in any satte their candidatye was excluded from.
If their Electors win, they can vote for the real candidate anyway.
But this would raise questions as to who won the popular vote (especially if the state compact became law) and subtly encourage faithless, or uncommitted, Electors.
That said, Trump should have released his tax returns. Anyone who says otherwise has less credibility with me on any issue related to corruption or limited government.
Sammy Finkelman (102c75) — 2/22/2019 @ 1:28 pmWouldn’t this effectively only apply to Democrats? Trump’s not going to win New Jersey so he doesn’t need to be on the ballot.
Dem candidates for President really need New Jersey to win the electoral college, so they have to comply.
Mike S (89ec89) — 2/22/2019 @ 1:44 pm@25 Sorry, not buying it. The Constiution, as you correctly state, provides for appointment of electors “in such manner as the Legislature thereof may direct.” That says nothing about what the qualifications of a candidate (or an elector pledge to such candidate) would be. “Manner” means the procedure to become an elector. Trump and Clinton ran using the same procedure as provided for by law in NJ. Requiring release of a tax return is not a “manner,” it is a qualification.
Could a state pass a law that only electors pledged to someone over 45 qualify? Someone never divorced? Someone who served in the military? The answer to all of these is clearly No.
Bored Lawyer (423ce8) — 2/22/2019 @ 2:09 pmFar better for the country if we just require all candidates to prepare their own tax returns, with pencil and paper.
Munroe (2c0e2c) — 2/22/2019 @ 2:22 pm@6. Don’t give a damn about their tax returns. But w/thermonuclear weapons in the mix, do care about medical records. We don’t wanna a ‘President Queeg…’
Do we.
DCSCA (797bc0) — 2/22/2019 @ 2:39 pmBored Lawyer – the problem with requiring particular pledges is that it is generally unconstitutional (and not binding) for a state to direct a federal officeholder to perform their federal office in a particular way.
aphrael (e0cdc9) — 2/22/2019 @ 2:43 pmI’d like to propose that all candidates for any elected office in Caliunicornia submit to stringent screening/analysis for illegal drug use… the kind where they must have hair samples taken to use in that analysis.
There must be a reason for the insane policies proposed and actions taken. I would support this, but tax returns are between the taxpayer and the IRS.
Colonel Haiku (2601c0) — 2/22/2019 @ 3:02 pmmaybe call it shangrila, in other news it turns the Obama administration was the one who retired miss muthana’s citizenship, back in 2016,
narciso (d1f714) — 2/22/2019 @ 3:20 pmI’d like to propose that all candidates for any elected office in Caliunicornia submit to stringent screening/analysis for illegal drug use… the kind where they must have hair samples taken to use in that analysis.
Let’s go a step further. Since intersectionality is all the rage, let’s require them to take and submit DNA tests so that we get an accurate picture of their racial/ethnic makeup. If Cory Booker turns out to be only 37% of African origin and 63% of European origin but Kamala Harris turns out to be 31% African, 22% European, and 47% Asian, I need to know how to rank the two of them on my hierarchy of traditional grievances.
JVW (54fd0b) — 2/22/2019 @ 3:22 pmsmallest violin:
https://www.independent.co.uk/news/world/middle-east/jihadi-jack-isis-uk-syria-nationality-letts-shamima-begum-a8792956.html
narciso (d1f714) — 2/22/2019 @ 3:26 pmmostly judges poor instructions, but still:
https://www.fredericksburg.com/news/crime_courts/two-isis-related-convictions-against-former-d-c-metro-police/article_9c408c7a-36b4-11e9-ae77-fbb9c839c902.html?utm_medium=social&utm_source=twitter&utm_campaign=user-share
narciso (d1f714) — 2/22/2019 @ 3:31 pm35… Damn straight, JVW!!!
Shamima weh, shamima weh, shamima weh
Colonel Haiku (2601c0) — 2/22/2019 @ 3:37 pmBut which Democrat will BTK endorse?
“‘Impeach President Trump. That’s all I will say about him. Believe the worst ‘President Ever!’ “
https://www.dailymail.co.uk/news/article-6735063/BTK-serial-killer-Dennis-Rader-boasts-DailyMail-com-getting-star-treatment-prison-pet.html
Munroe (a301ec) — 2/22/2019 @ 3:38 pmsomething probably off a toad:
https://legalinsurrection.com/2019/02/trump-administration-issues-new-rule-that-would-deprive-planned-parenthood-from-funding/
narciso (d1f714) — 2/22/2019 @ 3:38 pmwhat the other broke girl would bring:
https://www.reuters.com/article/us-venezuela-politics-malnutrition/malnourished-venezuelans-hope-urgently-needed-aid-arrives-soon-idUSKCN1QB1CQ
narciso (d1f714) — 2/22/2019 @ 3:42 pmwell she is the size of a womp rat:
https://twitchy.com/samj-3930/2019/02/22/oh-snap-watching-brit-hume-drag-ana-navarro-for-old-ignorant-tweets-smearing-trump-supporters-is-a-beautiful-thing/
narciso (d1f714) — 2/22/2019 @ 3:49 pmLOLOLOL @ ‘Leave it to a Repub to poison the well’ in reaction to something proposed by NJ politicians.
harkin (e15868) — 2/22/2019 @ 4:03 pm(CNSNews.com) — House Speaker Nancy Pelosi (D-Calif.) “will gladly release her tax returns if and when she runs for president,” said her Chief of Staff Drew Hammill, apparently indicating that, in Pelosi’s current position as speaker, she will not release her tax returns.
When CNSNews.com repeatedly followed-up and asked Hammill to directly confirm that Pelosi, as speaker, would not release her tax returns, Hammill did not respond.
Pelosi, who was born on March 26, 1940, will turn 79 next month–and has not announced that she is running for president in 2020.
CNSNews.com has been trying for two weeks by email and telephone to get a direct answer from Speaker Pelosi on this tax-return question because she has co-sponsored legislation (H.R. 1) that would require the president and vice president to release their tax returns. Under 3 U.S. Code 19 (enacted under Article II, Section 1, Clause 6 of the Constitution), the Speaker of the House is third in line to the presidency
harkin (e15868) — 2/22/2019 @ 5:27 pmI don’t understand how it doesn’t violate US Term Limits v Thornton,
Not sure it applies.
As Sammy pointed out, that was for Congress, this is for ELECTORS. It would probably be OK to put requirements on ELECTORS, but since they can vote for ME if they want, I don’t see how the state can control the ballot like that.
However, I think this is bad policy, tilting the field towards envy, not to mention the slippery slope (medical records, drug tests, IQ tests, SAT scores, college transcripts, high-school, grade schools and preschool records (I want to know if the candidate was a bully!)). We could require they compete on Jeopardy!
How about we require that they participate in debates, run by those nice non-partisan folks at the Federalist Society?
Kevin M (21ca15) — 2/22/2019 @ 7:41 pmWouldn’t this effectively only apply to Democrats? Trump’s not going to win New Jersey so he doesn’t need to be on the ballot.
Well, Trump’s people are trying to cancel all the primaries and have the convention just anoint him.
Kevin M (21ca15) — 2/22/2019 @ 7:43 pmJersey got bigger fish to fry:
http://www.njherald.com/20190220/vernon-man-facing-manslaughter-charges-in-wayne-crash-that-killed-3#
http://nj1015.com/nj-school-bus-driver-on-heroin-crashes-into-tree-reports-say/
urbanleftbehind (f2fd8b) — 2/22/2019 @ 9:01 pmharkin, what’s wrong with a little honesty in our government? You and the others here want to mock it. You admit that you value dishonesty? I really don’t get it. Our President should be held to a high standard. If our current
Tillman (61f3c8) — 2/22/2019 @ 10:51 pmRussian Agentso-called President hasn’t taught us that, we’ll never learn it.They know Trump will crush that loser cast of democRATS so let’s trot out the taxes again
WompWomp (493b9b) — 2/23/2019 @ 4:53 am“what’s wrong with a little hypocrisy in our government?”
Fyp
“If our current Russian Agent so-called President hasn’t taught us that…..”
Does he have a 007 briefcase?
harkin (2fa2ca) — 2/23/2019 @ 9:49 amDo they use butane on those straw men
Narciso (dff1d2) — 2/23/2019 @ 9:50 am?
He only thinks he is a Russian agent. In reality, he’s working for SPECTRE.
nk (dbc370) — 2/23/2019 @ 9:57 amSo who was Obama working for, or the Clinton’s when they forces the Budapest memorandum on ukraine?
Narciso (dff1d2) — 2/23/2019 @ 10:00 amKAOS.
nk (dbc370) — 2/23/2019 @ 10:14 amI guess one could call him a tool, but who isn’t in the democratic party now,
https://twitchy.com/dougp-3137/2019/02/23/astounding-bernie-sanders-heaped-praise-on-ussr-after-visiting-in-1988-others-tell-a-very-different-story/
narciso (d1f714) — 2/23/2019 @ 12:01 pm54. KAOS is The Outfit. Not true here.
Sammy Finkelman (102c75) — 2/24/2019 @ 1:32 pm