[EL] CA tax return requirements for Pres candidates

Mark Scarberry mark.scarberry at pepperdine.edu
Thu Aug 1 11:07:37 PDT 2019


Erwin Chemerinsky argues in an LA Times op-ed that the California law is constitutional: https://www.latimes.com/opinion/story/2019-07-31/california-law-candidates-tax-returns-constitutional (as Richard Winger points out — and criticizes— here: http://ballot-access.org/2019/07/31/erwin-chemerinsky-law-school-dean-publishes-op-ed-in-los-angeles-times-on-constitutionality-of-californias-new-tax-returns-ballot-law/).

Dean Chemerinsky’s argument would seem to apply equally to primaries and to general elections.

Mark

Mark S. Scarberry
Pepperdine University School of Law

________________________________
From: Mark Scarberry <mark.scarberry at pepperdine.edu>
Sent: Wednesday, July 31, 2019 2:50 PM
To: Election Law Listserv
Subject: Re: [EL] CA tax return requirements for Pres candidates

My comments with regard to the National Popular Vote Compact assumed (senior moment glitch) that there would be an effect from the California law on whether a candidate could appear on the general election ballot. But perhaps that would be the next step taken by the California legislature: attempting to exclude candidates from the general election ballot.

Mark

Mark S. Scarberry
Pepperdine University School of Law

________________________________
From: Law-election <law-election-bounces at department-lists.uci.edu> on behalf of Douglas Johnson <djohnson at ndcresearch.com>
Sent: Wednesday, July 31, 2019 1:19 PM
To: Rick Hasen
Cc: Election Law Listserv
Subject: Re: [EL] CA tax return requirements for Pres candidates

If somehow California’s rule survives challenge, is there any barrier to Trump telling his supporters re-registering as Democrats to vote for Marianne Williamson in the California Democratic primary?

Given CA’s open primary rules the Presidentially primary is the only closed primary, so Trump voters could still vote for whatever down-ballot Republicans they want to support.

And my quick read of CA’s “conditional registration” (aka same-day registration) rules would appear to allow voters to change their party registration on election day.

Am I correct in that analysis?


--
- Doug

Douglas Johnson
National Demographics Corporation
djohnson at NDCresearch.com
phone 310-200-2058
fax 818-254-1221
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