Law Professor Erwin Chemerinsky Files Amicus in California Supreme Court Lawsuit on Presidential Tax Returns-Ballot Law

On September 13, Law Professor Erwin Chemerinsky filed this amicus brief in the California Supreme Court in Patterson v Padilla, the lawsuit over whether the California Constitution prohibits keeping candidates off the presidential primary ballot if they don’t reveal their tax returns.

The main thrust of the amicus is that the California legislature can do almost anything it wants when it writes election laws. The brief does not grapple with the meaning of the word “recognized”. The California Constitution says all “recognized” candidates will be put on a presidential primary ballot (if they are seeking the nomination of a political party that is ballot-qualified). Chemerinsky implies that the legislature has the power to define the word “recognized”.

The amicus repeats the misinformation that all presidential candidates since Nixon have revealed their tax returns, ignoring the point in yesterday’s De La Fuente brief in federal court that minor party presidential candidates have almost never done that.

New York Governor Signs Bill for an April 28 Presidential Primary in 2020

On September 13, New York Governor Andrew Cuomo signed A8176, the bill that sets the date of New York’s presidential primary on April 28, 2020. At the time he signed it, he urged the legislature to pass a bill in January 2020 that would move the primary for congress and state office from June to April 28. Here is his statement about that.

Rocky De La Fuente Files Response Brief in Federal Case on California Tax Returns-Ballot Law

On September 12, Rocky De La Fuente filed this response brief in the combined federal cases challenging the California tax returns-ballot law. Even if you don’t normally read briefs, consider reading this one, because it has some interesting concepts that have not been raised by other briefs. At the end of the brief, De La Fuente points out that the oft-repeated claim that all presidential candidates nowadays reveal their tax returns is not true. He points out that in 2016, the only minor party presidential candidate who revealed her tax returns was Jill Stein (Green Party nominee), and she only released one year’s worth of returns.

Earl Ravenal, Who Almost Won the 1984 Libertarian Presidential Nomination, Dies

On August 31, Earl C. Ravenal died. He was an expert on foreign policy and had sought the Libertarian Party presidential nomination for 1984. On the fourth ballot, he lost by one vote to David Bergland. Ravenal was 88 and lived in Rhode Island, although he had second home in Maryland, and he died there. See this obituary. Thanks to Andy Craig for the link.