SB 5078 would restrict access to voting in national elections in Washington state
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Key findings:
- SB 5078 would require national candidates for president and vice-president to give copies of their tax returns to state Secretary of State or be banned from the ballot.
- The bill is intended to set a “norm” of financial disclosure, though the bill would not apply to the bill’s sponsor or any other state elected official.
- Based on 2016 turnout, if a Democratic candidate is banned, 802,700 voters would be denied ballot access; if a Republican is banned, 602,900 voters would be denied access.
- If candidates of both parties are banned, the ballot access-restriction would limit the participation of up to 3.2 million Washington voters.
- Though drafted with neutral language, the bill targets the supporters of just one particular candidate; President Donald Trump.
- The Attorney General has endorsed the bill, but it is clearly unconstitutional, since it would deny people equal protection of the laws, and is aimed at the supporters of one party.
Introduction
In an effort to establish a select “norm” in national elections conducted in Washington state, starting in 2020 SB 5078 would ban the name of any candidate for the highest federal offices who did not release personal tax returns from appearing on the state’s election ballots.
The bill was introduced by Sen. Patty Kuderer (D - Bellevue) and would require that:
“...presidential and vice-presidential candidates release copies of their federal income tax returns for the last five years to appear on the [Washington state] ballot.”
The bill’s restriction would apply only to federal candidates running for the two highest offices; candidates running for Congress and state and local-level offices, including the state legislature, would be exempt. When asked, the sponsor of the bill said she does not intend to release her own tax returns.
The bill passed the state Senate by 28 to 21 on March 12, 2019 and has been referred to the House for further consideration.
Download the full Legislative Memo