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In win for Trump, federal court halts California tax return requirement for presidential candidates


Added 09-19-19 09:38:02pm EST - “A state can no more limit eligibility to candidates who disclose tax returns than it could require that only candidates who can run a mile in under 8 minutes are eligible for the presidential ballot.” - Legalinsurrection.com

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Posted By TheNewsCommenter: From Legalinsurrection.com: “In win for Trump, federal court halts California tax return requirement for presidential candidates”. Below is an excerpt from the article.

A state can no more limit eligibility to candidates who disclose tax returns than it could require that only candidates who can run a mile in under 8 minutes are eligible for the presidential ballot.

California passed a law requiring that presidential candidates disclose their tax returns in order to appear on the ballot. This is just the latest tactic various Democrat-controlled states are considering to force Trump to release his tax returns.

It’s also clearly unconstitutional. While states have control over the mechanics of voting, such as filing petitions with a certain number of signatures, they can’t impose eligibility requirements beyond what Article II, Section 1, Clause 5 of the Constitution provides (emphasis added):

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

A tax-return requirement on presidential candidates bears no relationship to the mechanics of voting, and is an unconstitutional eligibility test. A state can no more limit eligibility to candidates who disclose tax returns than it could require that only candidates who can run a mile in under 8 minutes are eligible for the presidential ballot.

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