It’s just a bill
Thursday, Mar 14, 2019 - Posted by Rich Miller
* I’m wondering if he’d be open to amending this to include statewide candidates and legislative leaders…
A bill making its way through the Illinois Senate would prevent any presidential or vice-presidential candidate from appearing on state election ballots if they do not release their previous five years of tax return documents.
The Executive Committee passed state Sen. Tony Munoz’s Senate Bill 145 on a 13-4 partisan-line vote Wednesday after a brief discussion as to whether the bill runs afoul of the U.S. Constitution.
For Sen. Dale Righter, a Mattoon Republican, the answer was obvious.
“In my 22 years in the General Assembly, this might be the most clearly unconstitutional legislative proposal I have ever voted on,” he said.
But Jeff Radue, of the progressive advocacy group Indivisible Chicago, read from a statement made by Harvard Constitutional law scholar Lawrence Tribe, who said the mandated release of tax returns would not be unconstitutional.
* The Illinois Municipal League is opposed to this bill…
It started with a suburban homeowner’s desire to keep growing food in her Elmhurst backyard throughout the winter but has blossomed into a thorny battle pitting residents and advocacy groups against local government leaders — all haggling over whether Illinois residents have “the right to garden.”
The three-year fight between the Elmhurst homeowner and the city’s government made its way to the Illinois Senate Wednesday as the local government committee mulled a statewide solution to the underlying dispute.
Sponsored by state Sen. Tom Cullerton, D-Villa Park, Senate Bill 1675 would allow Illinoisans, no matter in what municipality they reside, to construct temporary structures for gardening throughout the colder months, often referred to as “hoop houses.”
Hoop houses come in many shapes and sizes, but are generally foundationless structures enclosed by an opaque plastic membrane to keep in warmth and sunlight.
* SJ-R…
The head of the Abraham Lincoln Presidential Library Foundation would be appointed by the governor and approved by the Illinois Senate under a bill approved Wednesday by the Senate Executive Committee.
The legislation takes aim at the private foundation that has come under fire for spending millions of dollars on a collection of Lincoln artifacts, including a hat that purportedly belonged to Lincoln but whose authenticity has never been proven.
Sen. Andy Manar, D-Bunker Hill, said Senate Bill 481 is intended to “reset” the relationship between the foundation and the Abraham Lincoln Presidential Library and Museum in Springfield. […]
Sen. Jason Barickman, R-Bloomington, voted against the bill. He’s concerned about setting a precedent of the legislature getting involved with appointing people to lead private foundations.
“I’m not even sure where we have the authority to do that,” he said.
- Token Conservative - Thursday, Mar 14, 19 @ 9:35 am:
My statement has nothing to do with Donald Trump:
This is dumb.
- Homer J. Quinn - Thursday, Mar 14, 19 @ 9:40 am:
growing food is one of the healthiest and most natural things a person can do. no government or HOA should be able to prevent that. the neighbors may not like the look of a hoop house, but their empty yards are uglier.
- Just Observing - Thursday, Mar 14, 19 @ 9:48 am:
I am not a Trump supporter, but Munoz’ bill is just plain silly, if even constitutional. If a candidate does not release their returns, voters can decide for themselves how much that weighs in their decision to vote for them.
As for the gardening bill… there should be very few regulations, if any, on growing food in your own yard. I shudder at the thought that our lives are so sanitized and removed from our food sources, that government essentially requires you to use restaurants and grocery stores for your all your food needs.
- illini - Thursday, Mar 14, 19 @ 9:52 am:
Over 50 years ago, when he was first elected to the GA, Paul Simon voluntarily released his tax returns. And to my best knowledge continued to do that throughout his public career.
Is there something in those tax returns that our legislators do not want us to know?
- Norseman - Thursday, Mar 14, 19 @ 9:53 am:
=== … this might be the most clearly unconstitutional legislative proposal I have ever voted on … ===
“Might be,” but he’s clearly voted for some real questionable stinkers. It’s all about which tribe is proposing the bill.
I’d love for this to be legal, but it really isn’t. States can’t impose additional requirements from those imposed by the U.S. Constitution. Tribe is unfortunately being tribal.
- wordslinger - Thursday, Mar 14, 19 @ 9:53 am:
–“In my 22 years in the General Assembly, this might be the most clearly unconstitutional legislative proposal I have ever voted on,” he (Righter) said.–
Congratulations, on finally doing something memorable. Geez, 22 years for this guy?
- Just Me 2 - Thursday, Mar 14, 19 @ 9:54 am:
I’m still waiting to see legislators respond to the Burke and/or Solis scandal. I’ve been amazed that they haven’t jumped on the bandwagon with hearings, press releases, and a series of press-pop legislation. Legislators love to respond to anything and everything under the sun to get in the news, but when it comes to corrupt Chicago Democrats they are eerily silent. Not a peep. Nothing to see hear, move along.
- Demoralized - Thursday, Mar 14, 19 @ 9:56 am:
I just don’t care about someone’s tax returns. I’ve always thought the “controversy” surrounding someone not making their tax returns public was ridiculous. Are you really basing your decision to vote for someone based on what their tax return says? Why is a tax return so important?
- Soo... - Thursday, Mar 14, 19 @ 9:57 am:
“In my 22 years in the General Assembly,”
Soo you’re not for legislative term limits Senator Righter?
- Occasional Quipper - Thursday, Mar 14, 19 @ 10:01 am:
What’s the point? Donald Trump doesn’t need Illinois to win and would never carry it anyway. What’s next, a requirement to release their internet browsing history? That would be equally unconstitutional, albeit far more interesting.
How about getting back to worrying about the state’s problems?
- City Zen - Thursday, Mar 14, 19 @ 10:05 am:
Thankfully, this won’t impact our ability to vote for Beto.
- TominChicago - Thursday, Mar 14, 19 @ 10:06 am:
The constitution expressly provides that the state’s decide the manner in which the electors of president are to be selected. If the state wants to require the release of tax returns, it’s up to them. Which amendment to the constitution limits that authority?
- A guy - Thursday, Mar 14, 19 @ 10:09 am:
Not necessarily against “hoop houses”, but there have been some that have not withstood the wind and become projectiles into other people’s nearby property. Assuming there is some legislative remedy to ensure that these things are anchored somehow to prevent that. People do this with Koi ponds too.
- Bourbon Street - Thursday, Mar 14, 19 @ 10:12 am:
The United States Supreme Court struck down a Georgia law mandating drug tests for candidates in Chandler v. Miller. A law mandating the release of tax returns (highly personal documents) would most likely meet the same fate.
As a practical matter, count me in with the group that doesn’t share in the excitement with seeing a candidate’s tax returns. I have never learned anything that would influence my vote.
- Last Bull Moose - Thursday, Mar 14, 19 @ 10:12 am:
You might be able to keep a presidential candidate off the primary ballot for not releasing tax returns. But not the general election ballot.
Hoop houses, chickens ,# of dogs are all local zoning issues. Don’t see a compelling state interest here.
Put strings on state money. Otherwise, leave private foundations alone.
- Anon221 - Thursday, Mar 14, 19 @ 10:16 am:
A guy- What about kids wading pools, lawn chairs, or trash cans? Those all can land in other people’s properties, too;) And, hoop houses are generally anchored down in some manner, because if you don’t, it kinda defeats the purpose of it providing an extended season:)
- Ron Burgundy - Thursday, Mar 14, 19 @ 10:17 am:
I think the tax returns thing is likely unconstitutional based on precedent and the fact that it is not about the manner in which the presidential electors are chosen. It comes closer to adding an additional qualification for office, which the states do not have the power to add. As for whether the GA will follow suit and impose it on themselves - ha, not a chance.
- Just Observing - Thursday, Mar 14, 19 @ 10:18 am:
=== Hoop houses, chickens ,# of dogs are all local zoning issues. Don’t see a compelling state interest here. ===
The power to zone is a right given to municipalities and counties by the state — it is not a natural right. The state has the right to expand those powers and, conversely, shrink those powers. If local governments go too far in regulating property owners, the state certainly has a right and interest in reigning-in those governments
- Steve - Thursday, Mar 14, 19 @ 10:21 am:
The U.S. Constitution says anyone can be President as long as they are 35 years old and a natural born citizen. It doesn’t mention tax returns or grades in school or property qualifications to be President.
- Anonymous - Thursday, Mar 14, 19 @ 10:23 am:
–I’m wondering if he’d be open to amending this to include statewide candidates and legislative leaders…–
Legislative leaders don’t run on the ballot to be legislative leaders. You’d need a different standard for incumbent leaders to seek re-election to the chamber? That might not fly.
I get the sentiment, but this isn’t the mechanism to get those guys.
- Nanker Phelge - Thursday, Mar 14, 19 @ 10:24 am:
What is with the obsession concerning tax returns? I bet most of the people demanding this have no idea how to read a tax return, let alone even complete one.
- Rich Miller - Thursday, Mar 14, 19 @ 10:37 am:
===It doesn’t mention tax returns or grades in school or===
…individual state petition signature rules.
- Montrose - Thursday, Mar 14, 19 @ 10:38 am:
No hoop houses unless you share your tax returns.
- ChicagoVinny - Thursday, Mar 14, 19 @ 10:40 am:
Maybe something more like “if the candidate files taxes in IL, and does not provide X years of taxes to general public, the GA can request copies of the candidate’s IL taxes” would pass muster. No ballot access issue there.
- Ron Burgundy - Thursday, Mar 14, 19 @ 10:47 am:
- individual state petition signature rules -
I think that goes to “manner of election” and is more procedural. Still subject to judicial review if the requirements are too draconian or not applied fairly and equally.
- Terry Salad - Thursday, Mar 14, 19 @ 10:47 am:
“What’s the point? Donald Trump doesn’t need Illinois to win and would never carry it anyway.”
Other States are considering such legislation. He may need one of those. Once the returns are released, they are released.
- Anonymous - Thursday, Mar 14, 19 @ 10:53 am:
Out in the country a lot of hoop houses are used to grow food. You can get 300 feeder pigs in one. s/
- Anonymous - Thursday, Mar 14, 19 @ 10:54 am:
First one is silly.
I dont need someones hoop house flying into my yard.
Ive got a hat to sell to Sen. Barickman.
- lakeside - Thursday, Mar 14, 19 @ 10:57 am:
Anyone complaining about the aesthetics of someone else’s back yard should keep their eyes to their own back yard. Calling the city on someone growing food in their own private space… now the state’s gotta step in. Sometimes governments do nanny state stuff because people act like children.
- common_sense - Thursday, Mar 14, 19 @ 10:59 am:
with all the issues the state of Illinois has this is what our legislature is focusing on?
- Unpopular - Thursday, Mar 14, 19 @ 11:02 am:
Why not 6 years of tax returns? What a horrible set of priorities this legislature has.
- Jocko - Thursday, Mar 14, 19 @ 11:04 am:
==I just don’t care about someone’s tax returns.==
It sure puts BVR’s inaction with regard to Sterigenics in a different light…not to mention Donald Trump’s tweets promoting his properties while in office.
- Steve Rogers - Thursday, Mar 14, 19 @ 11:11 am:
ALPLM Foundation Director: I very much agree the state should have some oversight over this foundation–after all, it is mandated by the state, but I’m not sure this bill is the best way to provide oversight.
- phocion - Thursday, Mar 14, 19 @ 11:19 am:
Well, if Lawrence Tribe says that states can decide which qualifications for the office of the President of the US are constitutional, it must be ok. This bill is obviously unconstitutional. How about if the Texas legislature says no one named Robert can appear on the ballot for President in its state? Or the Ohio general assembly says sitting US Senators are forbidden from being on their ballots? States don’t decide qualifications for the office of President; the US Constitution does.
- Pudent - Thursday, Mar 14, 19 @ 11:21 am:
=What’s next, a requirement to release their internet browsing history? =
I hate slippery slope arguments. Once they start they don’t stop.
- Anonymous - Thursday, Mar 14, 19 @ 11:43 am:
- Jocko - Thursday, Mar 14, 19 @ 11:04 am:
I have not seen those tweets but he has the right
- Stuff Happens - Thursday, Mar 14, 19 @ 11:47 am:
I’d love to see the hoop house bill pass. Had one in 2007 in Glen Ellyn and was forced to tear it down in early March; most of my plants died that year.
- Demoralized - Thursday, Mar 14, 19 @ 11:49 am:
==Well, if Lawrence Tribe says that states can decide which qualifications for the office of the President of the US are constitutional, it must be ok. This bill is obviously unconstitutional.==
In the first sentence you ridicule an opinion that declares this to be constitutional and in the second you declare yourself that it’s unconstitutional. Because apparently your opinion is the “right” opinion?
- Oswego Willy - Thursday, Mar 14, 19 @ 11:52 am:
The US Constitution set the laws governing presidential qualifications.
To be qualified to be president.
All rules around that, be they “party rules” to get a nomination, state laws to ballot access and such, do this requirement here in Illinois for ballot access is interesting… but the constitutional question to being qualified and ballot access is interesting .
I don’t think it will fly… but…
- Lane Change - Thursday, Mar 14, 19 @ 11:52 am:
This state has many issues… Looks like you can add TDS to the list…
- Norseman - Thursday, Mar 14, 19 @ 12:08 pm:
=== Other States are considering such legislation. He may need one of those. Once the returns are released, they are released. ===
Don’t hold your breath that any Red states pass this measure.
- Pundent - Thursday, Mar 14, 19 @ 12:12 pm:
=The US Constitution set the laws governing presidential qualifications.=
Agreed but the states set the laws on its ballot rules. John Kasich faced some challenges in the last cycle. Granted it was the primary but it helps put the issue in perspective.
https://www.politico.com/story/2016/01/john-kasich-illinois-ballot-217648
- Oswego Willy - Thursday, Mar 14, 19 @ 12:16 pm:
===Agreed but the states set the laws on its ballot rules. John Kasich faced some challenges in the last cycle. Granted it was the primary but it helps put the issue in perspective.===
I also stated the following;
“All rules around that, be they “party rules” to get a nomination, state laws to ballot access and such, do this requirement here in Illinois for ballot access is interesting… but the constitutional question to being qualified and ballot access is interesting .
I don’t think it will fly… but…”
Tax returns might be a bridge too far(?)
- Anotheretiree - Thursday, Mar 14, 19 @ 12:18 pm:
==Steve== Elsewhere in the Constitution, the Emolument clause says a President can’t be getting compensated by them pesky foreigners. Kind of need tax returns to know.
- thechampaignlife - Thursday, Mar 14, 19 @ 12:33 pm:
No to all 3. Ballot access is hard enough as-is. Zoning should always be a local issue unless it substantially impacts people outside the municipality. The state should have no authority over a private foundation; create a public foundation if that control is desired.
- Just Observing - Thursday, Mar 14, 19 @ 1:35 pm:
=== Elsewhere in the Constitution, the Emolument clause says a President can’t be getting compensated by them pesky foreigners. Kind of need tax returns to know. ===
Trust me, I’m no Trump supporter, but what you are talking about is very one-President specific, and you are talking about preemptively providing evidence to prove your innocence which shifts what the typical burden of proof. There is subpoena powers if necessary.
- yinn - Thursday, Mar 14, 19 @ 1:43 pm:
==Zoning should always be a local issue unless it substantially impacts people outside the municipality==
There were 1500+ witness slips for the first “hoop house” hearing. Many of them were created by people outside of Elmhurst, and some of the organizations represented are statewide.
Questions of property rights and abuses of home rule are of general interest.
- I Miss Bentohs - Thursday, Mar 14, 19 @ 1:45 pm:
I do not know if this is the answer but I am increasingly concerned as the rich and powerful run for office as to who they are beholden to. I honestly believe Rauner was making decisions that were beneficial to him and his than to the people of Illinois.
- Blue Dog Dem - Thursday, Mar 14, 19 @ 8:42 pm:
I doubt the Trump campaign will spend much time or money in Illinois come 2020 anyway. But think about it. A state w/o a major party candidate on the ballot. We would be the laughing stock of the entire nation. Republicans ought let this one fly.