The Disclosure Digest: May 6, 2019
Explore the laws governing nonprofit donor disclosure with Ballotpedia. Each weekly edition of The Disclosure Digest will highlight noteworthy legislation, pending litigation, and major activities by advocacy groups.
Nonprofit organizations 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. 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 information about donors violates privacy rights and can inhibit charitable activity.
This week, we get a bird's-eye view of what legislative activity has occurred thus far in 2019.
Legislation update: Lawmakers have introduced 72 donor disclosure bills in 2019
As of May 6, legislatures in 15 states have adjourned for the year. Legislatures in the remaining 35 states are either in session, special session, or recess. With nearly one-third of the nation's state legislatures adjourned for the year, let's get a bird's eye view of legislative activity thus far this year.
- In 2019, 72 bills related to donor disclosure have been introduced in 34 states.
- In New York, lawmakers have introduced 10 relevant bills, more than in any other state.
- In the following states, lawmakers have introduced no relevant legislation: Alabama, Alaska, Delaware, Hawaii, Indiana, Kentucky, Louisiana, Maine, Nevada, North Carolina, Ohio, Oregon, Tennessee, Texas, Vermont, and Wisconsin. Legislatures have adjourned in two of these states: Indiana and Kentucky.
- Of the 72 bills we're tracking, 11 (15.28 percent of the total) have been enacted. These are summarized below.
- Colorado SB068: This bill expands the definition of an electioneering communication for the purposes of campaign finance disclosure.
- Trifecta status: Democratic
- Idaho S1113: This bill expands existing disclosure requirements to local elections and campaigns.
- Trifecta status: Republican
- Mississippi HB1205: This bill prohibits public agencies from requiring or releasing certain personal information from entities organized under Section 501(c) of the Internal Revenue Code.
- Trifecta status: Republican
- New Mexico SB3: This bill expands disclosure requirements for groups making independent expenditures for political purposes.
- Trifecta status: Democratic
- North Dakota HB1037: This bill reenacts previously rescinded disclosure requirements for contributions made to ballot measure campaigns.
- Trifecta status: Republican
- South Dakota SB114: This bill requires that campaign contributions by minors be attributed to their parents for campaign finance disclosure and reporting purposes.
- Trifecta status: Republican
- Utah HB0131: This bill requires political issues committees to disclose certain contributions within three days of receipt.
- Trifecta status: Republican
- Utah HB0319: This bill establishes disclosure requirements for entities spending money on ballot proposition advertisements.
- Trifecta status: Republican
- Virginia HB1719: This bill extends the provisions of the state's Campaign Finance Disclosure Act to candidates for local office who accept contributions or make expenditures in excess of $25,000.
- Trifecta status: Divided government
- West Virginia SB622: This bill makes general revisions to the state's campaign finance disclosure laws.
- Trifecta status: Republican
- Wyoming SF0018: This bill amends the state's campaign finance and disclosure laws.
- Trifecta status: Republican
- Colorado SB068: This bill expands the definition of an electioneering communication for the purposes of campaign finance disclosure.
- Of the remaining 61 bills that have not been enacted, eight have died. The remaining 53 bills remain active.
What we're reading
- Williamson Daily News, "Campaign finance bill closes loophole on political spending," May 5, 2019
- The Inquirer, "Dark money under spotlight as campaign finance law changes right before Philly primary," May 2, 2019
- The Ocean State Current, "Disclosure and the Separation of Politics from Life," May 2, 2019
The big picture
Number of relevant bills by state: We're currently tracking 72 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)
Recent legislative actions
Below is a complete list of legislative actions taken on relevant bills in the past week. Bills are listed in alphabetical order, first by state then by bill number. Know of any legislation we're missing? Please email us so we can include it on our tracking list.
- Massachusetts H686: This bill would require groups producing electioneering communications to disclose publicly certain information about donations coming from foreign sources.
- Joint Committee on Election Laws hearing scheduled for May 15.
- New Hampshire SB105: This bill would establish disclosure requirements for certain contributions made to inaugural committees.
- Election Law Committee executive session scheduled for May 16.
- New Hampshire SB156: This bill would require that political contributions made by limited liability companies be allocated to individual members in order to determine whether individuals have exceeded contribution limits.
- Election Law Committee executive session scheduled for May 16.
See also
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