Bill Text: CA SB149 | 2017-2018 | Regular Session | Amended

California Senate Bill 149 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Presidential primary elections: ballot access.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Vetoed) 2018-03-03 - Last day to consider Governor’s veto pursuant to Joint Rule 58.5. [SB149 Detail]

Download: California-2017-SB149-Amended.html

Amended IN Senate March 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 149

Introduced by Senators McGuire and Wiener
(Principal coauthor: Assembly Member Santiago)
(~~Coauthor: Senator~~ Coauthors: Senators Leyva and Wieckowski)
(Coauthors: Assembly Members Bonta, Dababneh, Eggman, Gomez, and Mullin)

January 18, 2017

An act to ~~amend Sections 6901, 8304, and 8651~~ add Chapter 7 (commencing with Section 6880) to Part 1 of Division 6 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL'S DIGEST

SB 149, as amended, McGuire. ~~Elections:~~ Presidential primary elections: ballot ~~access: presidential candidates.~~ access.

Existing law ~~requires that the names of candidates for President and Vice President of the United States be printed on statewide general election ballots.~~ establishes processes for printing on presidential primary ballots the names of candidates for President of the United States who are considered to be generally recognized candidates or who are selected by a sufficient number of registered voters. Existing law ~~establishes a process for counting votes for~~ generally requires a write-in ~~candidates~~ candidate for President ~~and Vice President for which a declaration~~ in a presidential primary election to file an endorsement of his or her write-in candidacy ~~is timely submitted to~~ with the Secretary of ~~State.~~ State, at least 21 days before the election.

This ~~bill, which~~ bill would ~~be known as~~ enact the Presidential Tax Transparency and Accountability Act, which would require a candidate for President, in order to have his or her name placed upon a ~~general~~ primary election ballot, to file his or her income tax ~~returns~~ returns for the 5 most recent taxable ~~years~~ years, if applicable, with the Secretary of ~~State at least 70 days before that election.~~ State. The ~~bill~~ act would also require a Presidential write-in candidate’s income tax returns for the 5 most recent taxable ~~years~~ years, if applicable, to be ~~included with his or her declaration of write-in candidacy.~~ submitted to the Secretary of State, in order for the candidate to be recognized in a presidential primary election. The ~~bill~~ act would require the Secretary of State, after adopting regulations, to redact the income tax returns of Presidential candidates as necessary to protect privacy, and subsequently to make them available to the public on the Secretary of State’s Internet Web site.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Chapter 7 (commencing with Section 6880) is added to Part 1 of Division 6 of the Elections Code, to read:

CHAPTER 7. Income Tax Return Disclosure Requirements
6880.
This chapter shall be known and may be cited as the Presidential Tax Transparency and Accountability Act.
6881.
The Legislature finds and declares that a presidential candidate’s income tax returns provide voters with essential information regarding the candidate’s potential conflicts of interest, business dealings, financial status, and charitable donations. Donald Trump’s refusal to release his income tax returns departed from decades of established political tradition, denying voters the opportunity to fully evaluate his fitness for the office of President of the United States.
6882.
Notwithstanding any other law, the Secretary of State shall not print the name of a candidate for President of the United States on a primary election ballot, unless the candidate, within a reasonable timeframe established by the Secretary of State, files with the Secretary of State a copy of his or her income tax returns for the five most recent taxable years, if applicable.
6883.
Notwithstanding any other law, the Secretary of State shall not recognize a write-in candidate for President of the United States in a presidential primary election, unless the candidate, within a reasonable timeframe established by the Secretary of State, files with the Secretary of State a copy of his or her income tax returns for the five most recent taxable years, if applicable.
6884.
The Secretary of State shall redact an income tax return submitted pursuant to this chapter as necessary to protect privacy. After redacting an income tax return, the Secretary of State shall make it available to the public on the Secretary of State’s Internet web site.
6885.
The Secretary of State shall adopt regulations to implement this chapter.

SECTION 1.
~~This act shall be known and may be cited as the Presidential Tax Transparency and Accountability Act.~~
SEC. 2.
The Legislature finds and declares that a presidential candidate’s income tax returns provide voters with essential information regarding the candidate’s potential conflicts of interest, business dealings, financial status, and charitable donations. Donald Trump’s refusal to release his income tax returns departed from decades of established political tradition, denying voters the opportunity to fully evaluate his fitness for the office of President of the United States.
SEC. 3.Section 6901 of the Elections Code is amended to read:
6901.
(a)Whenever a political party, in accordance with Section 6864, 7100, 7300, 7578, or 7843, submits to the Secretary of State its certified list of nominees for electors of President and Vice President of the United States, the Secretary of State shall notify each candidate for elector of his or her nomination by the party.
~~(b)The Secretary of State shall cause the names of the candidates for President and Vice President of the several political parties to be placed upon the ballot for the ensuing general election.~~
(c)Notwithstanding subdivision (b), the Secretary of State shall not cause the name of a political party’s candidate for President to be placed upon the ballot for the ensuing general election unless the candidate, no later than 70 days before that general election, files with the Secretary of State a copy of his or her income tax returns for the five most recent taxable years.
(d)The Secretary of State shall redact a Presidential candidate’s tax returns as necessary to protect privacy. After redacting the tax returns, the Secretary of State shall make them available to the public on the Secretary of State’s Internet Web site.
~~(e)The Secretary of State shall adopt regulations to implement subdivisions (c) and (d).~~
SEC. 4.Section 8304 of the Elections Code is amended to read:
8304.
(a)When a group of candidates for presidential electors designates the presidential and vice presidential candidates for whom all of the group pledge themselves to vote, the names of the presidential candidate and vice presidential candidate designated by that group shall be printed on the ballot pursuant to Chapter 2 (commencing with Section 13100) of Division 13.
(b)(1)Notwithstanding subdivision (a), the name of a candidate for President shall not be printed on a general election ballot as described in subdivision (a) unless the candidate, no later than 70 days before the general election, files with the Secretary of State a copy of his or her income tax returns for the five most recent taxable years.
(2)The Secretary of State shall redact the Presidential candidate’s income tax returns as necessary to protect privacy. After redacting the income tax returns, the Secretary of State shall make them available to the public on the Secretary of State’s Internet Web site.
~~(c)The Secretary of State shall adopt regulations to implement subdivision (b).~~
SEC. 5.Section 8651 of the Elections Code is amended to read:
8651.
~~The declaration of write-in candidacy for presidential elector shall contain the following information:~~
~~(a)Candidate’s name.~~
~~(b)Residence address.~~
~~(c)A declaration stating that he or she is a write-in candidate for the office of presidential elector.~~
~~(d)Oath or affirmation as set forth in Section 3 of Article XX of the California Constitution.~~
~~(e)The date of the general election.~~
~~(f)The names of the candidates for President and Vice President of the United States for which the group of presidential electors are pledged.~~
~~(g)(1)A copy of the Presidential candidate’s income tax returns for the five most recent taxable years.~~
(2)The Secretary of State shall redact the Presidential candidate’s income tax returns as necessary to protect privacy. After redacting the income tax returns, the Secretary of State shall make them available to the public on the Secretary of State’s Internet Web site.
~~(h)The Secretary of State shall adopt regulations to implement subdivision (g).~~