The State Senate recently passed legislation (S119/A1230) that would bar presidential candidates who choose not to release their tax returns from appearing on a New Jersey ballot. Its support of electoral transparency is sound, but S119/A1230 needs adjustments to successfully reach its goals.
Over 20 years ago, the Supreme Court decided U.S. Term Limits v. Thornton, 514 U.S. 779 (1995). It said that states could, with broad discretion, require candidates for federal office to obey reasonable, equitable, and evenhanded conditions for accessing the state’s ballot. Most commonly, these rules require filing a petition with a specified state official, with a specified number of legal signatures and other information and, in some states, a filing fee, all done by a specified deadline. Noncompliance means exclusion from the ballot.
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