Law Professor Vikram David Amar has this commentary on Verdict about California’s tax returns-ballot law, which was enjoined last month by a U.S. District Court. Amar says that now that he has read the opinion, he is more certain than ever that the California law is constitutional. He says that the U.S. Constitution lets states impose any barriers to presidential candidacies that they wish, because the states have complete control over how to choose presidential electors (unless the states discriminate on the basis of race, sex, class, or age).
That viewpoint ignores the fact that the U.S. Supreme Court, and numerous other courts, have struck down state ballot access laws affecting presidential candidates. Amar only mentions one of them, Anderson v Celebrezze, and grudgingly admits that perhaps states do not have complete control over qualification deadlines.
But courts have also struck down presidential candidate ballot access laws that required too many signatures, or a county-based distribution requirement, or that required presidential candidates to have chosen their vice-presidential running mates when they start petitioning, or which required a loyalty oath, or a requirement that the presidential candidate not be a felon. They have also struck down laws that required the selection of presidential elector candidates early in the process, or which restricted who could circulate a presidential petition, or which completely banned independent candidacies, or which made the requirements more onerous in the middle of the petitioning season.
As a courtesy to Professor Amar, I posted a comment under his article eight hours ago, but the web page that hosts his article has not posted my comment yet.