Connecticut Bill to Bar Presidential Candidates from Ballot Unless Candidate Reveals Tax Returns

Five Connecticut Democratic legislators have introduced HB 6575, which says that presidential candidates must release their last three federal income tax returns, or they may not have any presidential elector candidates on the ballot. The Connecticut general election ballot doesn’t now list candidates for presidential elector, but the ballot does say “Vote for Presidential Electors” (and then the presidential and vice-presidential candidates’ names are listed). Here is the text, which is very short.

The bill’s reference to presidential elector candidates appears to be an attempt to insulate the bill from the principle that states cannot add to the qualifications for federal office that are listed in the U.S. Constitution. However, that probably wouldn’t work. If a state were to pass a law saying no presidential candidate under the age of 40 could have eligible presidential elector candidates, surely that would not be constitutional. In U.S. Term Limits v Thornton, the U.S. Supreme Court decision that invalidated term limits for members of Congress, the proponents of term limits tried to save their law by making it a ballot access restriction, but the U.S. Supreme Court still invalidated those laws. Those laws said that anyone could be a write-in candidate for congress but no one could have his or her name on the ballot who had already served several terms, but that didn’t work. Thanks to Andrew Rule for the news about the bill.

Virginia Ballot Access Bill Narrowly Defeated in Senate

On January 24, the Virginia Senate voted on SB 1236, the bill to lower the number of signatures for statewide independents and the nominees of unqualified parties from 10,000 to 5,000. Initially the bill passed, 20-19. But then reconsideration was granted. When the Senate voted again, two Senators who had voted for it the first time changed their vote, so it lost 18-21.

The petition requirement for president is already 5,000, but all other statewide offices are 10,000. This is true for both the primary and the general election petitions.

Virginia is one of only nine states in which the Republican and Democratic Parties are the only ballot-qualified parties. The others are Alabama, Arkansas, Illinois, Minnesota, New Jersey, Pennsylvania, Tennessee, and Washington.

Utah Legislators Are Now Aware of the Case Law that a November Deadline (of the Year Before the Election) is Problematic

Some Utah legislators are now aware that SB 13, which moves the petition deadline for newly-qualifying parties to November 15 of the year before the election, is likely to be held unconstitutional if challenged. Legislative analysts are researching the issue. So even though the bill has passed the State Senate and is in a House committee, there is hope that it can be amended.