Donor privacy and disclosure policy in the United States, 2019-2023
| Donor privacy and disclosure policy |
| • Disclosure of nonprofit donor information to governments • Disclosure of nonprofit donor information to the public • Disclosure and political polarization |
This page covered donor privacy and disclosure policy in the United States from 2019 to 2023.
Donor disclosure and privacy policy refers to legislation or regulation governing the confidentiality of nonprofit donors' identities and/or personal information. Nonprofit groups are organizations that do not distribute surplus revenues as profits or dividends to shareholders. Instead, nonprofits use revenues for self-preservation or expansion. Tax-exempt nonprofits are regulated under Section 501 of the Internal Revenue Code. States may subject nonprofits to additional regulations beyond those imposed by the federal government.[1][2]
Of these nonprofit groups, only 501(c)(4) political education organizations can engage in political lobbying or issue advocacy, though they cannot advocate expressly for the election or defeat of particular candidates.
Under federal law, nonprofits were generally required to disclose to the public information about donors who contributed to fund campaign expenditures. State laws, however, could require more disclosure.
The appropriate degree of disclosure of nonprofit donor information to governments and the public and whether or not it is a source of political polarization was debated within policy circles. Advocates of donor disclosure policies argued that increased disclosure minimized the potential for fraud, established public accountability, prevented foreign influence in politics and elections, and limited the political influence of major donors who might seek to advance their private interests. Meanwhile, advocates of donor privacy argued that mandatory donor disclosure violated free speech rights, violated donors' rights to free association and privacy, stifled public debate and discussion, and could lead to donor harassment, backlash, or retaliation.[3][4]
This page covered legislation dealing with donor disclosure and privacy tracked by Ballotpedia from 2019 to 2023. It includes summaries of relevant legislation as well as the status and partisan sponsorship of each bill tracked during this period.
Relevant legislation in state legislatures
2023
The following is a list of bills related to donor privacy and disclosure policy considered by state legislatures in 2023. To learn more about each of these bills, click the bill title. The following tabs (listed at the bottom of the embedded spreadsheet) filter the bills according to the named criteria:
- Democratic bills: This tab includes bills sponsored solely by Democrats.
- Republican bills: This tab includes bills sponsored solely by Republicans.
- Bipartisan bills: This tab includes bills sponsored by at least one Democrat and at least one Republican.
- Enacted bills: This tab includes only those bills that were enacted into law.
====Number of relevant bills by state==== The map below depicts the number of relevant bills introduced in each state. A darker shade of green indicates a greater number of relevant bills.
2022
The following is a list of bills related to donor privacy and disclosure policy considered by state legislatures in 2022. To learn more about each of these bills, click the bill title. The following tabs (listed at the bottom of the embedded spreadsheet) filter the bills according to the named criteria:
- Democratic bills: This tab includes bills sponsored solely by Democrats.
- Republican bills: This tab includes bills sponsored solely by Republicans.
- Bipartisan bills: This tab includes bills sponsored by at least one Democrat and at least one Republican.
- Enacted bills: This tab includes only those bills that were enacted into law.
Number of relevant bills by state
The map below depicts the number of relevant bills introduced in each state. A darker shade of green indicates a greater number of relevant bills.
2021
The following is a list of bills related to donor privacy and disclosure policy considered by state legislatures in 2021. To learn more about each of these bills, click the bill title. The following tabs (listed at the bottom of the embedded spreadsheet) filter the bills according to the named criteria:
- Democratic bills: This tab includes bills sponsored solely by Democrats.
- Republican bills: This tab includes bills sponsored solely by Republicans.
- Bipartisan bills: This tab includes bills sponsored by at least one Democrat and at least one Republican.
- Enacted bills: This tab includes only those bills that were enacted into law.
2020
The following is a list of bills related to donor privacy and disclosure policy considered by state legislatures in 2020. To learn more about each of these bills, click the bill title. The following tabs (listed at the bottom of the embedded spreadsheet) filter the bills according to the named criteria:
- Democratic bills: This tab includes bills sponsored solely by Democrats.
- Republican bills: This tab includes bills sponsored solely by Republicans.
- Bipartisan bills: This tab includes bills sponsored by at least one Democrat and at least one Republican.
- Enacted bills: This tab includes only those bills that were enacted into law.
2019
The following is a list of bills related to donor privacy and disclosure policy considered by state legislatures in 2019. To learn more about each of these bills, click the bill title. The following tabs (listed at the bottom of the embedded spreadsheet) filter the bills according to the named criteria:
- Democratic bills: This tab includes bills sponsored solely by Democrats.
- Republican bills: This tab includes bills sponsored solely by Republicans.
- Bipartisan bills: This tab includes bills sponsored by at least one Democrat and at least one Republican.
- Enacted bills: This tab includes only those bills that were enacted into law.
See also
Footnotes
- ↑ Investopedia, "Nonprofit Organization," accessed November 5, 2015
- ↑ Internal Revenue Service, "Applying for 501(c)(3) Tax-Exempt Status," accessed November 5, 2015
- ↑ Guidestar, "Fundraising: What Laws Apply?" accessed February 18, 2015
- ↑ London School of Economics, "Campaign finance laws that make small donations public may lead to fewer people contributing and to smaller donations," January 7, 2015
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