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Welcome to Disclosure Digest
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June 22, 2021
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Join us today as we explore the legislation, litigation, and advocacy surrounding nonprofit donor disclosure.
Under federal law, nonprofits are generally not required to disclose to the public information about their donors. State laws, however, may require such disclosure. Some say expanded donor disclosure provisions minimize the potential for fraud and establish public accountability. Meanwhile, others say that disclosing to the public information about donors violates privacy rights and can inhibit charitable activity. |
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BALLOTPEDIA |
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Half-time report: donor disclosure bills in the first half of 2021
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With the first half of the year drawing to a close, this week we take a look back at donor disclosure legislative activity.
Number of bills introduced
State lawmakers have introduced 38 bills dealing with donor disclosure law so far this year. During the same six-month period in 2020 and 2019, lawmakers introduced 47 and 72 bills, respectively.
This year, Democrats have sponsored 16 of the 38 introduced bills -- more than Republicans, bipartisan groups, and others. This is similar to what we observed in 2019 and 2020, when Democrats sponsored 34 and 22 bills, respectively.
Number of bills enacted
So far this year, state lawmakers have enacted six donor disclosure bills, about 16% of all introduced bills. This is more than the four bills enacted at the same point in 2020 (9% of all introduced bills). However, in 2019, lawmakers had enacted 13 bills by the end of June, representing 18% of all introduced bills.
Also on our radar: Americans for Prosperity Foundation v. Bonta
On April 26, the U.S. Supreme Court heard oral arguments in Americans for Prosperity Foundation v. Bonta, a case involving a California law that requires nonprofits to file copies of their IRS 990 forms with the state. This includes Schedule B, which contains the names and addresses of all individuals who donated more than $5,000 to the nonprofit in a given tax year. Although the law does not allow the public access to Schedule B information, court documents show that inadvertent disclosures have occurred.
In 2014, Americans for Prosperity challenged the law in U.S. district court, triggering a series of legal developments spanning several years.
The U.S. Supreme Court is expected to make its ruling in the case sometime within the next few weeks. |
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The big picture
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Number of relevant bills by state: We're currently tracking 38 pieces of legislation dealing with donor disclosure. On the map below, a darker shade of green indicates a greater number of relevant bills. Click here for a complete list of all the bills we're tracking.
Number of relevant bills by current legislative status:
Number of relevant bills by partisan status of sponsor(s):
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Recent legislative actions
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For complete information on all of the bills we are tracking, click here.
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California SB686: This bill would require a limited liability company that qualifies as a committee or a sponsor of a committee under the state's campaign finance laws to file a statement of members with the secretary of state. The statement of members must include a list of all persons who have a membership interest in the limited liability company of at least 10% or who made a cumulative capital contribution of at least $1,000 to the company after it qualified as a committee or sponsor of a committee, or within the 2 calendar years before it qualified.
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Democratic sponsorship.
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An Assembly Elections Committee hearing is scheduled for June 30.
Thank you for reading! Let us know what you think! Reply to this email with any feedback or recommendations. |
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Join us on our mission to deliver unbiased and accurate information about American politics and policy to our millions of readers. Your support in 2021 will allow us to continue our mission to build the most comprehensive coverage of the nation’s rapidly changing political landscape. |
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