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Los Angeles Times
Los Angeles Times
National
Maura Dolan

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

SAN FRANCISCO _ President Donald Trump may appear on California's primary ballot without having to disclose his tax returns, the state's highest court decided Thursday.

In a unanimous ruling, the California Supreme Court said the requirement that presidential candidates must disclose their tax returns to appear on the March primary ballot violates the California Constitution.

The law requiring such disclosures, passed on a party-line vote earlier this year and signed by Gov. Gavin Newsom, did not single out Trump but was clearly aimed at the president. Trump, unlike other recent presidential candidates, has refused to make public his tax returns.

The law would have required all presidential primary candidates to submit five years of income tax filings by Tuesday to secure a spot on California's March presidential primary ballot. State election officials are required to post the financial documents online, with certain private information redacted.

The new law also would have required candidates for governor to release their tax returns before the statewide primary, beginning in 2024.

Supporters of the requirement said it would ensure voters were fully informed before casting their ballots. Newsom said the tax disclosures would "shed light on conflicts of interest, self-dealing, or influence from domestic and foreign business interest."

Thursday's decision stemmed from a challenge by the state's Republican Party, which said the law would reduce Republican turnout if Trump's name did not appear on the ballot.

Even if the state high court had upheld the law, it could not have been enforced this year under an order by Sacramento-based U.S. District Judge Morrison C. England Jr.

England ruled in September that the law violated four different sections of the U.S. Constitution in addition to a separate federal law. The state appealed his ruling to the U.S. 9th Circuit Court of Appeals, which will not decide the case before the deadline for the March ballot.

Federal courts have the last word on matters of federal law, and the California Supreme Court has the final say on state law issues.

The state court's decision means the tax return requirement cannot be enforced, even if it were eventually found to be valid under federal law.

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