UPDATE BELOW: California Secretary of State Shirley Weber on Saturday released the official state list of the 41 candidates who filed the required paperwork to run in the September 14th recall election. Noticeably absent was Larry Elder‘s name.
Elder announced one week ago that he is running for California Governor in the Recall Election of Gov. Gavin Newsom.
The list (below), required by law, is sent out to the candidates ahead of the date of certification so they have time to litigate. Here is what it says:
This notice complies with provisions of the Elections Code requiring the Secretary of State to notify each candidate for voter-nominated office of the name, address, and, if applicable, ballot designation and party preference of each person having filed for the same office. A Certified List of Candidates will be available on July 21, 2021.
With Elder’s name missing from the list, either some of the required paperwork could have been incomplete, or some of the required 60 signatures collected could have been rejected, or, as it is rumored, Elder did not want to provide his tax returns.
However, Elder disputes that rumor: “We filed redacted AND unreacted returns–over 200 pages of 5 years of tax returns. So they are saying either the redacted version or the unreacted version was ‘incomplete.’”
We filed redacted AND unreacted returns–over 200 pages of 5 years of tax returns.
So they are saying either the redacted version or the unreacted version was “incomplete.”
— Larry Elder (@larryelder) July 19, 2021
Elder said on the Steve Hilton Show Sunday evening that he would be challenging the issue.
“And I won’t be represented by my cousin Vinny!” he added on Twitter.
The Globe contacted the Secretary of State and Elder for comments on Sunday. We didn’t hear back from either, but will update this story. This is sure to be an interesting turn of events.
California elections attorney Mark Meuser posted this update on his Facebook page:
For your information, this new law regarding governor candidates producing copies of their tax returns was created in an attempt to require Donald Trump to show his tax returns in 2020 or else be removed from the California primary ballot. I was one of the many attorneys involved with that litigation that got this law partially overturned as to the president.”
The Globe contacted Attorney Meuser for a legal reference about the letter Larry Elder received from the Secretary of State. Meuser referred to California Elections Code 8903, section (b), which says:
The Secretary of State shall review the redacted copy of each tax return submitted by the candidate to ensure that the redactions comply with subdivision (a). If the Secretary of State determines that the candidate has redacted information other than that permitted by subdivision (a), the Secretary of State shall prepare a new version of the tax return with only the redactions permitted by that subdivision.
Meuser indicated that the statute on tax returns says the Secretary of State can prepare a new version of the tax return with only the redactions permitted by that subdivision, but cannot remove a candidate.
He also noted that there were nearly 80 candidates who filed papers to run for Governor in the recall election, but now it’s down to 41.
For more information, Attorney Meuser explains in a video he posted Sunday.SOS notice-to-candidates
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