Law Professor Derek T. Muller has this op-ed in the New York Times, explaining all the policy reasons why states should not use ballot access restrictions to force presidential candidates to reveal their income tax returns.
Ballot Access News
Edited By Richard Winger
It’s interesting that he specifically says that Stein and Johnson and other third party candidates shouldn’t have to show their tax returns. If there is such a law (regardless of the merits of the law), shouldn’t it apply to all candidates?
The law on who gets general election public funding doesn’t apply equally to all presidential candidates. Only nominees of parties that polled 5% in the previous election get such funding. The US Supreme Court upheld that in Buckley v Valeo.
Also the US Supreme Court has said that some parties need not disclose their campaign contributors. There are lots of exceptions to any general principle that the government must treat all candidates equally.
He didn’t even touch on the precedent that such a requirement would set. If states can require candidates to reveal their income taxes, then what’s to stop them from requiring candidates to reveal their health records, college transcripts, employment history, driving history, birth certificates, passport and visa usage, kindergarten attendance records, etc, etc.?
Also, it annoys me that the New York Times doesn’t invite comments to op ed pieces like this.