Not so fast, New Jersey Democrats.
That’s the message some detractors have as Democratic state lawmakers are pushing a controversial proposal that aims to force President Donald Trump to release his long-sought tax returns by threatening to keep the Republican off the state’s presidential ballot next year if he fails to do so.
Some critics and legal experts say the legislation is unconstitutional. And they expect lawsuits to pop up if the measure is passed by the Democratic-controlled state Legislature and signed into law by Democratic Gov. Phil Murphy.
That legal fight could possibly spare Trump from such a requirement if he runs for re-election in 2020.
The bill (S119/A1230) would require candidates for president and vice president to disclose their tax returns from the previous five years to get their name on the general election ballot in New Jersey. It’s inspired by Trump, who became the first presidential contender in four decades not to make his returns public.
New Jersey is one of dozens of states to introduce such a measure since Trump’s election, but it could become the first state to enact one into law. That’s not surprising considering polls show Trump is deeply unpopular in this heavily blue state.
Still, Kermit Roosevelt, a constitutional law professor at the University of Pennsylvania Law School, said the U.S. Supreme Court has barred states from imposing limits for federal office “beyond what the U.S. Constitution allows.”
“I think that principle would govern this case,” Roosevelt said.
John Carbone, an election law attorney in Ridgefield, said the bill violates the “supremacy clause” of the U.S. Constitution, which says that document supersedes any state law that tries to change it.
“In order to keep the federal government together, you can’t have states changing the actions of the federal government and its constitution, which is the supreme law of the land,” Carbone said. “If that were the case, you’d have slavery in Alabama still.”
That, Carbone noted, was the key argument in a famed New Jersey case from 2010 — when the state Supreme Court shot down an effort by a Tea Party group to recall Democratic U.S. Sen. Robert Menendez. Even though the state constitution allowed it, federal law did not, the court ruled.
Carbone said he’s “shocked” Democrats who lead the Legislature here are moving forward with the tax return proposal.
“With all the things they need to do, this is not something they need to waste time on,” he said.
State Sen. Joseph Pennachio, R-Morris, said the measure “sends a message that states can tamper with the ballot in any way that pleases the majority party politically.”
“And taxpayers will be the ones who pay the price when this ends up in court," Pennachio said. “This is a very slippery slope.”
Former Gov. Chris Christie, a Republican and longtime Trump friend, also argued the effort was unconstitutional when he vetoed an earlier version of the measure in 2017. Christie called it a “transparent political stunt masquerading as a bill.”
State Senate Majority Leader Loretta Weinberg, D-Bergen — a main sponsor of the bill — said she’s heard similar complaints in recent days, especially from Trump supporters who say their vote would be suppressed.
But Weinberg said she’s “fully confident” the measure would “pass constitutional muster.”
“The president of the United States of America should be willing to tell voters where he or she makes his or her money from," Weinberg said.
“Maybe had his tax returns been released, Donald Trump might not be president of United States,” she added. “I think this is an important principle.”
Republicans also point out that New Jersey law does not require state lawmakers or even the governor to release their returns. That, they say, is hypocritical.
Weinberg counters that lawmakers must disclose how they make their money and that Murphy has allowed reporters to view his tax returns the last few years — though only for a couple of hours.
Ben Dworkin, director of Rowan University’s Institute for Public Policy and Citizenship, said Democrats could benefit from their effort even if it is deemed unconstitutional.
“The antipathy toward President Trump is strong enough in this state that it makes perfect political sense to push this bill,” Dworkin said.
It’s not a sure thing the measure will become law in the first place. The state Senate approved the legislation along party lines last Thursday, but it still needs to pass the state Assembly. And it’s not clear if Assembly Speaker Craig Coughlin, D-Middlesex, will even post it for a vote.
Coughlin spokeswoman Liza Acevedo said Monday the bill must advance out of committee first. She added that the speaker will “now consult with his caucus and decide on the best next appropriate action forward.”
Brent Johnson may be reached at bjohnson@njadvancemedia.com. Follow him on Twitter @johnsb01.
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