On California’s primary ballot access law

Background: California has passed a law requiring certain candidates — including candidates for President—to publish their tax returns as a condition to appearing on the California primary ballot. I commented on twitter that this was obviously unconstitutional. Others have disagreed.

I’m a bit surprised to have to come to this space to explain what seems to me to be an easy question of constitutional law, and even more surprised that people whose opinion I highly respect — Larry Tribe, Erwin Chemerinsky, David Boies, Theodore Boutrous— believe this an easy question going the other way. But having reflected on the substantive argument I’ve seen, I remain convinced of my original instincts. What follows is a brief explanation of why.

  • don’t reveal how many times they’ve been to California?
  • don’t declare their view about abortion? Or same-sex marriage?

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law professor, activist.

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