SENATE DOCKET, NO. 98        FILED ON: 1/11/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 365

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael J. Barrett

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act restoring financial transparency in presidential elections.

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PETITION OF:

SENATE DOCKET, NO. 98        FILED ON: 1/11/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 365

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act restoring financial transparency in presidential elections.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 8 of chapter 53 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “filing”, in line 25, the following words:- “, unless the candidate named does not submit tax returns to the state secretary pursuant to section 123 of this chapter”.  

SECTION 2.  Section 70E of chapter 53 of the General Laws, as so appearing, is hereby amended by adding at the end thereof the following three sentences:-

Notwithstanding the other provisions of this section, any candidate or potential candidate for the office of president of the United States whose name is set to appear on the presidential primary ballot pursuant to this section shall, no later than five o’clock post meridian on the thirty-first of December, submit to the state secretary a certified and complete copy of that candidate or potential candidate’s federal income tax returns, as defined in section 6103(b)(1) of the United States internal revenue code, for the three most recent available years, as well as written consent to the state secretary for public disclosure of such returns.  At least thirty days before the relevant presidential primary, the state secretary shall publish on the state secretary’s website all tax returns submitted pursuant to this section.  The names of candidates or potential candidates who decline to submit both said income tax returns and a statement of financial interests filed pursuant to section 5 of chapter 268B shall not appear on the presidential primary ballot. 

SECTION 3.  Chapter 53 of the General Laws, as so appearing, is hereby amended by adding the following section:-

Section 123.  Not later than the second Tuesday in September immediately preceding a general election, a candidate for the office of president or vice president whose electors have been certified pursuant to section 6 or section 8 of this chapter, shall file with the state secretary a copy of his or her federal income tax returns, as defined in section 6103(b)(1) of the United States internal revenue code, for the five most recent available years, as well as written consent to the state secretary for public disclosure of such returns.  At least fifty days before the general election, the state secretary shall publish on the state secretary’s website any and all income tax returns submitted pursuant to this section.  The name of any candidate for president who declines to submit both said income tax returns and a statement of financial interests filed pursuant to section 5 of chapter 268B shall not appear on the general election ballot.  

SECTION 4.  Section 148 of chapter 54 of the General Laws, as so appearing, is hereby amended by inserting after the second sentence the following sentence:-

No presidential elector shall cast a vote for any person who failed to comply with section 123 of chapter 53 or section 5 of chapter 268B of the General Laws.   

SECTION 5.  Section 5(a) of chapter 268B of the General Laws, as so appearing, is hereby amended by adding the following sentence:-

Every candidate for president or vice president of the United States shall file a statement of financial interests for the preceding calendar year with the commission at least thirty days before the presidential primary. 

SECTION 6.  The provisions of this act shall be deemed severable.  If any part of this act shall be adjudged unconstitutional or invalid, such judgment shall not affect other valid parts thereof.