Arizona Prop-211 donor-disclosure law faces legal battle

Arizona voters passed Prop-211 in 2022. It is known as the donor-disclosure law, which requires organizations, including nonprofits, to disclose to the government the names, addresses, and donation amounts of their donors. It was designed to combat so-called “dark money.”

Since its passage, activists and politicians have pushed similar rules in more than 30 states. The Goldwater Institute and other organizations believe the proposition violates the Constitution, and this week (Sept. 11th) are arguing before the State Supreme Court to throw out the proposition. Monday night, the attorney arguing against the proposition before the Court appeared on the show.

Terry Goddard, attorney and the former Attorney General of Arizona joined “Arizona Horizon” to discuss the arguments for proposition 211 passing.

According to Goddard, this case is not one that deals with free speech, but rather the people’s right to know. Prop-211 does not limit the free speech of donors, but there is action donors can take, legal through Prop-211, if they feel threatened by the public’s knowledge of their contributions.

“If you’re worried that you might be harmed in some way, because of the disclosure of your name… you can opt out,” Goddard said. “You can simply tell the organization that you’ve given the money to, that you’d rather not have the money go for political ads.”

While there is a safety plan for anyone who feels threatened because of disclosure, Goddard continues to emphasize that there has never been an instance of threats being made towards someone because of a donation.

“1912 was the beginning of disclosure in Arizona, so show me an example, please, of somebody who’s activities were somehow curtailed because they made a political contribution,” Goddard said. “It hasn’t happened.”

Another limitation within Prop-211, that minimizes how many people are affected, is that a donor’s information will not be disclosed unless they donated more than $5,000.