Associated Press The California Legislature is attempting to force presidential candidates to publicly disclose their tax returns — a move that could bar President Donald Trump from appearing on the state's primary ballot if he does not make the documents public. The state Senate voted 27-10 on Thursday to require anyone appearing on the state's presidential primary ballot to publicly release five years' worth of income tax returns. The proposal is in response to Trump, who bucked 40 years of tradition by refusing to release his tax returns prior to his election in 2016. California's presidential primary is scheduled for March 3. If the bill becomes law, Trump could not appear on the state's primary ballot without filing his tax returns with the California secretary of state. "We believe that President Trump, if he truly doesn't have anything to hide, should step up and release his tax returns," said Sen. Mike McGuire, a Democrat from Healdsburg and the co-author of the bill along with Sen. Scott Wiener, a San Francisco Democrat. Congress fights for returns:Treasury misses second deadline to release Trump's tax returns, will make decision by May 6 Opinion:It's April 15. Do you know where President Trump's tax returns are? Sarah Sanders:This Congress not 'smart enough' to understand Trump's tax returns The Legislature passed a nearly identical bill in 2017, only to have it vetoed by Gov. Jerry Brown, telling lawmakers he was concerned the law was unconstitutional. Brown, a Democrat, refused to release his tax returns while in office. He left office in January and was replaced by Gavin Newsom, who has released his tax returns and embraced his role as a national "resistance" leader to Trump and his policies. Newsom's office didn't say whether he'd sign it. If the bill reaches his desk, "it would be evaluated on its own merits," spokesman Brian Ferguson said. McGuire said he has had "initial discussions" with the Newsom administration about the proposal. "I never want to put words into his mouth, but here's what I'll say: Gov. Newsom has led by example," by releasing his own tax returns, McGuire said. The bill would also apply to the more than a dozen candidates seeking the Democratic presidential nomination. But many of them have already released their tax returns. They include California Sen. Kamala Harris and Vermont Sen. Bernie Sanders, who released his tax returns last month after refusing to do so in 2016. Candidates would have to submit tax returns to the secretary of state's office, which would work with the candidates to redact some information before posting the returns online. The bill echoes similar legislation being considered in Illinois, Washington and New Jersey. In New York, Democrats have examined multiple approaches in hopes of helping release Trump's tax returns, including bills requiring officials to release tax returns to appear on the ballot. State lawmakers last month introduced a bill that would allow the state to release Trump's state tax returns if any of three congressional committees — the House Ways and Means Committee, the Senate Finance Committee and the Joint Committee on Taxation — ask for the documents. Trump is a resident of New York and does much of his business in the state. 'I’m not gonna do it':Donald Trump says he won't give his tax returns to Congress All of the bills come as Democrats in Washington continue to fight for access to Trump's returns. Ways and Means Committee chairman Richard Neal officially requested six years of the president's tax returns last month from the IRS but it hasn't been easy. Treasury Secretary Steven Mnuchin, who also oversees the IRS, has missed two deadlines, imposed by Neal, to hand over the documents and instead said he would wait for the Justice Department to weigh in on the legality before making a decision. In his latest letter last month to Neal, Mnuchin detailed both the constitutional concerns and his department's worries with releasing the president's financial information. He also accused Democrats of attempting to skirt the law in order to obtain the documents, something they have been after since even before Trump was elected. Contributing: Joseph Spector<doc-sep>The California state Senate on Thursday approved a bill to require candidates appearing on the presidential primary ballot — including President Trump Donald TrumpTrump lashes out after grand jury seated for New York criminal probe Schumer tees up vote on Jan. 6 commission bill Senators struggle to save Jan. 6 commission MORE — to release five years' worth of income tax returns. The measure was approved in a 27-10 vote, according to The Associated Press. California, for the first time, will be one of the first states to hold its presidential primary in the 2020 cycle. ADVERTISEMENT The bill is a response to Trump's insistence that he will not release his tax returns as presidential candidates traditionally have done, claiming he is under audit. If the bill becomes law and Trump does not release his returns, he may not appear on the California primary ballot. "We believe that President Trump, if he truly doesn’t have anything to hide, should step up and release his tax returns,” said state Sen. Mike McGuire (D) who co-authored the bill, according to the AP. All 10 Republicans in the state Senate voted against the bill's passage. “I get that playing the resistance card may be good politics for the majority party, but I would submit that it’s bad policy for Californians,” Sen. Brian Jones (R) told the wire service. The state's legislature passed a similar bill in 2017, but then-Gov. Jerry Brown (D), who did not release his own tax returns, vetoed the bill. A spokesman for Gov. Gavin Newsom Gavin NewsomOVERNIGHT ENERGY: Biden administration reaches offshore wind agreement with California | DHS to require pipeline companies to report cyberattacks Biden administration inks offshore wind agreement with California Caitlyn Jenner to be first in-studio guest on Fox morning news show since pandemic hit MORE (D) told the AP that if the bill was sent to Newsom's desk, "it would be evaluated on its own merits.” Other presidential candidates would also be subject to the bill, but several 2020 Democrats have already released their tax returns. Trump is facing one primary challenger, former Massachusetts Gov. Bill Weld William (Bill) WeldThe Memo: What now for anti-Trump Republicans? Ralph Gants, chief justice of Massachusetts supreme court, dies at 65 The Hill's Campaign Report: Biden visits Kenosha | Trump's double-voting suggestion draws fire | Facebook clamps down on election ads MORE (R). Similar bills are making their way through the Washington and New Jersey state legislatures.<doc-sep>For over three years Donald Trump has refused to release his highly-coveted tax returns, citing reasons that include being audited or choosing to withhold them until Hillary Clinton releases her emails. But now nearly 20 states, sick of the excuses, have considered legislation to keep his name off the ballot until he does. This week, the California Senate voted 27-10 on a measure that would require anyone appearing on the state's presidential primary ballot to make five years' worth of income tax returns available to the public. If the bill becomes law, Trump would need to file his tax returns with the state before March 3, 2020. The legislation will now go to Governor Gavin Newsom's desk, a newly-elected Democrat who has positioned himself as a "resistance" leader to Trump and his administration. While Newsom has released his own tax returns, he hasn't indicated whether he will sign the bill or veto it. According to the National Conference of State Legislatures, 18 states have considered proposals so far this year that would force all presidential and vice presidential candidates to release their tax returns before appearing on the ballot during a primary or general election. "I'm in favor of the idea in terms of sending the message that [Trump] ought to release his tax returns," Richard Painter, the chief ethics lawyer under President George W. Bush, told Newsweek. "But there is a significant risk that they could lose to him in court on that." If such a law prohibiting ballot access was passed by a state, the president and his attorneys would likely immediately challenge that the act is unconstitutional—which, on one level, is true. The Constitution specifically outlines certain requirements needed to run for president, like having to be a natural born citizen and at least 35 years of age or older. But there is no language demanding the disclosure of a candidate's financial information. If states can require a candidate to release their tax returns, they could make other changes as well. What if a state decided that 35 is too young to be president and they want to raise the minimum age to 40? What if a state wanted to impose a one-term limit on all presidential candidates or mandate that all candidates at the federal level (including members of Congress) be natural born citizens. "The constitutional argument that Trump's people would make would be: 'Well where do you draw the line?'" Painter said, adding that the president will absolutely challenge any state laws requiring the release of tax returns in order to appear on the ballot. "My biggest concern is that if he challenged it and he won … I'd hate to have the public get the impression that somehow the courts think it's okay that he doesn't disclose his taxes," Painter said. But according to experts, the states also have a legitimate legal argument to support this kind of ballot measure. The Constitution does allow them to regulate the manner of elections. For instance, individual states can mandate how many signatures a candidate needs to get on the ballot. "We don't think these laws, if put together appropriately and applying to everyone, would be illegal or unconstitutional," Noah Bookbinder, executive director at the Citizens for Responsibility and Ethics in Washington, told Newsweek. Plus, the states could also argue that the measures are nothing more than a disclosure requirement to get onto the ballot. The law does not outrightly disqualify anyone, because everyone should have the ability to release their tax information. "It's not that you can't be rich," Painter said. "It's not a qualification for office. It just requires candidates disclose certain information. And states should be free to require candidates disclose certain information like taxes." Every single president since Ronald Reagan has made their tax returns available to the public, that is except Trump. Tax returns provide information about a candidate's potential conflicts of interests, their income, charitable giving and other details that can be useful for people to have in evaluating how to cast their vote. But Trump and members of his administration have argued that the American public simply doesn't care about his tax information, even though nearly every survey done on the issue shows that is not the case. Sixty-four percent of voters think the president should publicly release his tax returns, while 29 percent believe he should not, according to a Quinnipiac University poll in March. While none of the states considering such ballot measures have successfully signed them into law, the president's allies have already slammed such regulations as biased attacks against Trump. Democrats in the 2020 race have also faced calls to release their tax returns. So far, at least nine of the 21 candidates have complied. Of the 2020 candidates to release the information, at least three are millionaires: Bernie Sanders, Elizabeth Warren and Kamala Harris. "I don't think this is something that should be done as a weapon against a particular candidate. This is a thing that should apply to everybody" Bookbinder said. He added that even if a federal court ruled against a state law, it wouldn't necessarily set us back any more than President Trump already has when it comes to expectations of transparency. "Doing nothing already sets you on the track of eroding those kinds of democratic norms," Bookbinder said. "I do think trying to find ways to require what had previously been an agreed upon tradition makes some sense."<doc-sep>Dana Bash: This is so telling about where the Republican party is NEW YORK, NY - AUGUST 24: Trump Tower stands on Fifth Avenue in Manhattan on August 24, 2018 in New York City. Following new allegations over hush money that former Trump attorney Michael Cohen paid to an adult-film actress, the Manhattan district attorneyÕs office in New York City may seek criminal charges against the Trump Organization in the coming days. (Photo by Spencer Platt/Getty Images) Why GOP is standing in the way of Capitol riot investigation WASHINGTON - NOVEMBER 08: US Senate Armed Services Committee Chairman John Warner (R-VA) remarks on the resignation of Defense Secretary Donald Rumsfeld at the US Capitol November 8, 2006 in Washington, DC. Warner said he supports President George W. Bush's nomination of former CIA Director Robert Gates for Secretary of Defense. Warner said he anticipates Gates' confirmation before the end of the year. (Photo by Chip Somodevilla/Getty Images) Senate Minority Leader Mitch McConnell (R-KY), joined by Senate Assistant Minority Leader John Thune (R-SD) (L) and Senate Minority Whip Roy Blunt (R-MO), speaks following a Senate Republican Policy luncheon at the Russell Senate Office Building on May 18, 2021 in Washington, DC. Trump says he will not release taxes while under audit (CNN) — California’s Senate approved a bill this week requiring presidential candidates to submit five years’ worth of tax returns in order to appear on the ballot, joining 18 other states in a jab at President Donald Trump’s refusal to release his tax returns. California joins New York, Illinois and Washington, among other states, that have introduced bills requiring all candidates to release their individual tax returns to qualify for the presidential primary ballot. Tax returns have become a key 2020 issue, with Trump refusing to surrender them and Democratic presidential candidates sharing their tax information with varying degrees of timeliness. The state’s Senate passed the measure by a 27-10 party line vote Thursday. The bill now goes to the state’s assembly for consideration. It’s not clear if California Gov. Gavin Newsom, a Democrat, would sign the bill into law should it make it to his desk. Newsom spokesman Jesse Melgar told CNN, “with regard to this and all proposed legislation, should the bill reach the Governor’s Desk it would be evaluated on its own merits.” While former California Gov. Jerry Brown vetoed similar legislation in 2017, Newsom has shown support for tax returns in his own political career, releasing his tax returns as a candidate and promising to continue releasing them every year as governor. Democratic California state Sens. Mike McGuire and Scott Wiener, who introduced the bill, were open about their efforts to hold Trump accountable with the legislation. “The President’s refusal to share his tax returns with the American people goes against longstanding transparency norms and undermines the trust between government and those it serves,” Wiener wrote in a statement. “We deserve to know that the President is in fact acting for the good of the people and not in his own monetary self-interest.” McGuire added, “Voters deserve to know, for example, if the President is putting America’s security at risk through his tangled web of business dealings with corporate interests and his dealings with foreign governments and foreign banks.” The president has faced increasing, multi-front scrutiny from congressional investigators, with Democrats taking the battle over subpoenas to Deutsche Bank and Capital One for Trump’s past financial records to court last month. But the administration has fought back, with Treasury Secretary Steven Mnuchin ignoring House Democrats’ April deadline for submitting Trump’s tax returns in favor of his department taking “final action on the Committee’s request by May 6.” CORRECTION: This story and headline have been updated to reflect where the bill stands after the California Senate passed it. CNN’s Donna Borak contributed to this report.<doc-sep>
SACRAMENTO, Calif. — The California Legislature is trying again to force presidential candidates to publicly disclose their tax returns, hoping a new Democratic governor known for his clashes with President Donald Trump won’t block them this time. The state Senate voted 27-10 on Thursday to require anyone appearing on the state’s presidential primary ballot to publicly release five years’ worth of income tax returns. The proposal is in response to Trump, who bucked 40 years of tradition by refusing to release his tax returns prior to his election in 2016. California’s presidential primary is scheduled for March 3. If the bill becomes law, Trump could not appear on the state’s primary ballot without filing his tax returns with the California secretary of state. “We believe that President Trump, if he truly doesn’t have anything to hide, should step up and release his tax returns,” said Sen. Mike McGuire, a Democrat from Healdsburg and the co-author of the bill along with Sen. Scott Wiener, a San Francisco Democrat. The Legislature passed a nearly identical bill in 2017, only to have it vetoed by Gov. Jerry Brown, telling lawmakers he was concerned the law was unconstitutional. Brown, a Democrat, refused to release his tax returns while in office. He left office in January and was replaced by Gavin Newsom, who has released his tax returns and embraced his role as a national “resistance” leader to Trump and his policies. Newsom’s office didn’t say whether he’d sign it. If the bill reaches his desk, “it would be evaluated on its own merits,” spokesman Brian Ferguson said. McGuire said he has had “initial discussions” with the Newsom administration about the proposal. “I never want to put words into his mouth, but here’s what I’ll say: Gov. Newsom has led by example,” by releasing his own tax returns, McGuire said. The bill would also apply to the more than a dozen candidates seeking the Democratic presidential nomination. But many of them have already released their tax returns. They include California Sen. Kamala Harris and Vermont Sen. Bernie Sanders, who released his tax returns last month after refusing to do so in 2016. Candidates would have to submit tax returns to the secretary of state’s office, which would work with the candidates to redact some information before posting the returns online. All 10 Republicans in the state Senate voted against the bill, arguing it is unconstitutional. “I get that playing the resistance card may be good politics for the majority party, but I would submit that it’s bad policy for Californians,” Sen. Brian Jones said. McGuire said the office of the legislative counsel has some concerns about the constitutionality of the bill, but he noted the chief ethics lawyers for former presidents George W. Bush and Barack Obama say the bill is constitutional. “We can all debate on the floor about the constitutionality of this bill,” McGuire said before the vote. “But we also have to look at what makes our democracy strong. The foundation of any successful government is transparency.” ___ The legislation is Senate Bill 27. Sign up for Daily Newsletters Manage Newsletters Copyright © 2021 The Washington Times, LLC.