California State Appeals Court Won’t Put Che Ahn on Ballot as Candidate for Governor

Posted on by March 26, 2026

On March 25, the California State Appeals Court refused to put Che Ahn on the ballot as a gubernatorial candidate. Ahn v Superior Court, C105918. Ahn was kept off the ballot because he didn’t file his income tax returns for the last five years with the Secretary of State.

The Court did not explain its reasoning.

Comments

California State Appeals Court Won’t Put Che Ahn on Ballot as Candidate for Governor — 18 Comments

  1. Is that in the constitution? If not, didn’t they just contradict their ruling about Swallwell?

  4. Leave it up Spambot AZ and fake news to redefine spam. And to scotusblog hacks to redefine words and then bitch about the President “redefining” them to their actual original intended meaning.

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  10. More fake news as always from the nAZi-666 spambot.

    Like Real Facts says,

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  11. The California Constitution does not say a gubernatorial candidate must submit tax returns to the Secretary of State. It is only a statute that requires the tax returns.

  12. And yet when it comes to Swallwell they said the SOS can’t interpret whether a requirement is constitutional, which they effectively have for Anh and Ware. All candidates are created equal, but some are more equal than other’s.

  13. The California Supreme Court case decision (Patterson v. Padilla) was based on the “Open Primary” provision of the California Constitution:

    (c) The Legislature shall provide for partisan elections for presidential candidates, and political party and party central committees, including an open presidential primary whereby the candidates on the ballot are those found by the Secretary of State to be recognized candidates throughout the nation or throughout California for the office of President of the United States, and those whose names are placed on the ballot by petition, but excluding any candidate who has withdrawn by filing an affidavit of noncandidacy.

    In general, the California Constitution does not define the office of Secretary of State, other than to provide that it is an elective office. The constitution does provide some specific duties, such as the above choosing of presidential primary candidates, and duties related to the initiative and referendum. Most of the duties of the SOS are in statute. The legislature could require the SOS to screen candidates for constitutional compliance, but it has not done so.

    The federal court decision (Jerry Griffin et al v. Alex Padilla) was based on imposing additional qualifications on presidential candidates beyond those in the federal constitution. I doubt that a federal court would take up a case concerning whether a California statute violated the California Constitution. Perhaps a case could be made based on the 1st, 4th, or 14th Amendments.

  14. If the California Supreme Court doesn’t adjudicate whether whatever legislation their legislature passes and governor signs violates their state constitution, who does? Isn’t that supposed to be their main function?

  15. @Q,

    A direct attack on constitutionality might work better. The lawsuits in 2019 were filed prior to application of the newly enacted law. Ahn’s lawsuit was filed after he had failed to qualify, and seven years after enactment, and four years after the previous gubernatorial election.

    Ahn’s lawsuit is kind of whiny, it says that the candidate did not know about the tax requirement, and when the SOS informed them, they didn’t see the e-mail until after the deadline, Shirley Weber is acting on behalf of her party, and besides the law is unconstitutional. Ahn’s lawyer was the Republican candidate for US Senate in 2022, but I don’t know how good that makes them as an election law lawyer.

    The SOS reply brief relied largely on Storer v. Brown, which upheld a requirement that independent candidates resign any party affiliation at least 12 months before seeking an independent nomination. The SCOTUS agreed that this was procedural (time, place, manner) than a qualification. (note: portion of Storer v. Brown about signature requirements is not applicable here). I don’t know whether Ahn’s lawyer was able to counter this argument at the hearing.

    In the 2019 federal case, Jerry Griffin et al v. Alex Padilla, the district court ruled that the tax disclosure requirement was similar to the election regulations blocked in US Term Limits and Gralike. In US Term Limits, a congressional candidate in Arkansas who had served three terms could be elected as a write-in candidate. Knee-capping a candidate is as good as disqualifying them. In Gralike a candidate might be forced to make a statement contrary to what the legislature believed. The presidential tax disclosure law did not apply to independent and write-in candidates. The gubernatorial tax disclosure law does not apply to write-in candidates. Write-in candidates may not have statements in the voter guides. Non-disclosure of tax forms effectively prevents a candidate from being elected.

    Note that the federal case was vacated by the 9th Circuit after the California Supreme Court had made its decisions. It might not set precedent, but may suggest certain legal angles.

  16. Outside of anything pertaining to this particular case, doesn’t my previous question (set) still stand?

  17. @Q,

    Instead of a question, make a statement along with supporting arguments, and I will address that.

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