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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Case 2:19-cv-01501-MCE-DB Document 10 Filed 08/08/19 Page 1 of 3 1 Bryan K. Weir, CA Bar #310964 Thomas R. McCarthy* 2 William S. Consovoy* 3 Cameron T. Norris* CONSOVOY MCCARTHY PLLC 4 1600 Wilson Boulevard, Suite 700 Arlington, VA 22209 5 (703) 243-9423 6 *Application for admission 7 pro hac vice pending UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 DONALD J. TRUMP FOR PRESIDENT, No. 19-cv-1501 INC., DONALD J. TRUMP, in his 12 capacity as a private citizen, 13 Plaintiffs, NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION 14 v. 15 ALEX PADILLA, in his official capacity as California Secretary of State, and 16 XAVIER BECERRA, in his official capacity as California Attorney General, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 Case 2:19-cv-01501-MCE-DB Document 10 Filed 08/08/19 Page 2 of 3 1 NOTICE 2 Notice is hereby given that Plaintiffs Donald J. Trump for President, Inc. and President 3 Donald J. Trump, in his capacity as a private citizen, make the following motion, which they 4 propose to notice for a hearing on September 5, 2019. 5 MOTION 6 Plaintiffs hereby move for a preliminary injunction enjoining enforcement of the provisions 7 of the Presidential Tax Transparency and Accountability Act, enacted though Senate Bill 27 8 (“SB27”), that require candidates for the presidency to disclose their tax returns as a condition of 9 appearing on a primary ballot. See Cal. Elec. Code §§ 6880-6884. This motion is based on the 10 memorandum, declarations, and exhibits filed herewith, and the pleadings on file. Plaintiffs do not 11 desire to present oral testimony at the hearing. See Local Rule 231(d)(3). Plaintiffs estimate an hour 12 will be required for the hearing. Id. 13 14 Respectfully submitted, 15 Dated: August 8, 2019 /s/ Bryan K. Weir Bryan K. Weir, CA Bar #310964 16 Thomas R. McCarthy* 17 William S. Consovoy* Cameron T. Norris* 18 CONSOVOY MCCARTHY PLLC 1600 Wilson Boulevard, Suite 700 19 Arlington, VA 22209 (703) 243-9423 20 21 *Application for admission pro hac 22 vice pending 23 24 25 26 27 28 Notice of Motion and 1 Motion for Preliminary Injunction Case 2:19-cv-01501-MCE-DB Document 10 Filed 08/08/19 Page 3 of 3 1 CERTIFICATE OF SERVICE 2 I hereby certify that I electronically filed this pleading with the Clerk of the Court using the 3 CM/ECF system. I certify that I have been in contact with counsel for Defendants, who have not 4 yet entered an appearance or been served, and will transmit this filing via email to them at the below 5 contact information. 6 Jay Russell 7 California Department of Justice 8 455 Golden Gate Avenue San Francisco, CA 94102 9 [email protected] (415) 510-3617 10 Chad Stegeman 11 California Department of Justice 12 455 Golden Gate Avenue San Francisco, CA 94102 13 [email protected] (415) 510-3624 14 15 Dated: August 8, 2019 /s/ Bryan K. Weir 16 Bryan K. Weir 17 CONSOVOY MCCARTHY PLLC 1600 Wilson Boulevard 18 Suite 700 Arlington, VA 22209 19 (703) 243-9423 20 21 22 23 24 25 26 27 28 2 Case 2:19-cv-01501-MCE-DB Document 10-1 Filed 08/08/19 Page 1 of 20 1 Bryan K. Weir, CA Bar #310964 Thomas R. McCarthy* 2 William S. Consovoy* 3 Cameron T. Norris* CONSOVOY MCCARTHY PLLC 4 1600 Wilson Boulevard, Suite 700 Arlington, VA 22209 5 (703) 243-9423 6 *Application for admission 7 pro hac vice pending 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DONALD J. TRUMP FOR PRESIDENT, No. 2:19-cv-01501 12 INC., DONALD J. TRUMP, in his capacity as a private citizen, 13 Plaintiffs, PLAINTIFFS’ MEMORANDUM OF LAW 14 IN SUPPORT OF MOTION FOR v. PRELIMINARY INJUNCTION 15 ALEX PADILLA, in his official capacity 16 as California Secretary of State, and XAVIER BECERRA, in his official 17 capacity as California Attorney General, 18 Defendants. 19 20 21 22 23 24 25 26 27 28 Case 2:19-cv-01501-MCE-DB Document 10-1 Filed 08/08/19 Page 2 of 20 1 TABLE OF CONTENTS 2 TABLE OF AUTHORITIES ........................................................................................................... ii 3 INTRODUCTION ........................................................................................................................... 1 4 BACKGROUND ............................................................................................................................. 2 5 A. Candidate Trump discloses extensive financial information 6 ahead of the 2016 election. .............................................................................................. 2 7 B. California Governor Jerry Brown vetoes SB27’s predecessor bill in 2017 because of concerns about its legality. ............................................................................................... 2 8 C. California passes SB27 under Governor Gavin Newsom. ............................................... 3 9 D. Unless the Court enjoins SB27, the law will bar President Trump from the 10 Republican primary ballot if he does not publicly disclose his tax returns. .................... 5 11 LEGAL STANDARD ...................................................................................................................... 6 12 ARGUMENT ................................................................................................................................... 6 13 I. The President is Likely to Succeed on the Merits. ............................................................... 6 14 A. SB27 imposes an unconstitutional qualification on the presidency. ................................ 6 15 B. SB27 exceeds California’s authority to regulate elections. ............................................. 8 16 C. SB27 violates the First Amendment. ............................................................................. 10 17 18 D. The Ethics in Government Act preempts SB27. ............................................................ 13 19 II. The Remaining Preliminary Injunction Factors Favor the President. ................................ 14 20 CONCLUSION .............................................................................................................................. 15 21 22 23 24 25 26 27 28 Memorandum in Support of i Motion for Preliminary Injunction Case 2:19-cv-01501-MCE-DB Document 10-1 Filed 08/08/19 Page 3 of 20 1 TABLE OF AUTHORITIES 2 CASES Am. Beverage Ass'n v. City & Cty. of San Francisco, 3 916 F.3d 749 (9th Cir. 2019) ................................................................................................. 15 Anderson v. Celebrezze, 4 460 U.S. 780 (1983) ...................................................................................................... 8, 9, 11 5 Chamness v. Bowen, 722 F.3d 1110 (9th Cir. 2013) ......................................................................................... 11, 12 6 Cook v. Gralike, 7 531 U.S. 510 (2001) ...................................................................................................... 8, 9, 10 Council of Alternative Political Parties v. Hooks, 8 121 F.3d 876 (3d Cir. 1997) ............................................................................................ 14, 15 De La Fuente v. Padilla, 9 --- F.3d ---, 2019 WL 3242193 (9th Cir. July 19, 2019) ....................................................... 11 10 Elrod v. Burns, 427 U.S. 347 (1976) .............................................................................................................. 14 11 In re McGee, 12 36 Cal. 2d 592 (1951) ............................................................................................................. 7 Jenness v. Fortson, 13 403 U.S. 431 (1971) .............................................................................................................. 12 Libertarian Party of Illinois v. Scholz, 14 872 F.3d 518 (7th Cir. 2017) ................................................................................................. 11 15 Matsumoto v. Pua, 775 F.2d 1393 (9th Cir. 1985) ................................................................................... 10, 12, 14 16 Melendres v. Arpaio, 17 695 F.3d 990 (9th Cir. 2012) ....................................................................................... 2, 14, 15 Nader v. Brewer, 18 531 F.3d 1028 (9th Cir. 2008) ............................................................................................... 10 Rubin v. City of Santa Monica, 19 308 F.3d 1008 (9th Cir. 2002) ............................................................................................... 11 20 Schaefer v. Townsend, 215 F.3d 1031 (9th Cir. 2000) ............................................................................................. 7, 8 21 Short v. Brown, 22 893 F.3d 671 (9th Cir. 2018) ................................................................................................... 6 Smith v. Allwright, 23 321 U.S. 649 (1944) ................................................................................................................ 7 Storer v. Brown, 24 415 U.S. 724 (1974) ................................................................................................................ 9 25 Stotysik v. Padilla, 910 F.3d 438 (9th Cir. 2018) ........................................................................................... 10, 12 26 Thalheimer v. City of San Diego, 27 645 F.3d 1109 (9th Cir. 2011) ............................................................................................... 14 Timmons v. Twin Cities Area New Party, 28 520 U.S. 351 (1997) ................................................................ .............................................
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