Voters' Right To Know Act Faces Constitutional Test In Arizona Supreme Court

Arizona courts are considering a law that requires political groups to disclose their public funders. In 2022, 72% of Arizona voters passed the Voters' Right to Know Act. The law says groups that spend big money on elections must name their major donors.

The foundation stems from groups spending more than $50,000 on statewide races, and must list donors who gave $5,000 or more. For local races, the limits are lower, such as $25,000 in spending and $2,500 in donations.

The Arizona Supreme Court will hear arguments about the law on September 11. The Goldwater Institute filed a challenge, citing that the law violates Arizona's constitution by taking away people's right to give money privately.

The Argument

Opponents argue that forcing groups to post donor names online will stop people from participating in politics. They say this violates free speech and privacy rights.

“There are few rights more precious to Arizonans than their right to free speech and privacy,” said Goldwater Attorney Scott Day Freeman. “The anti-privacy law undermines these freedoms by telling people that if they dare to support organizations that take policy positions, they have to give up their confidentiality and potentially become a target for retaliation and even violence.”

AzCentral reports the law mainly affects 501(c)(4) nonprofit groups. These organizations don't have to reveal their donors right now. They can take unlimited donations while keeping donor names secret.

The law allows donors to choose not to fund campaign activities, which keeps their names private. It aims to uncover the true origins of political money, rather than just focusing on the group that spends it.

Associations Involved

Several groups are fighting the law: the Arizona Free Enterprise Club, the Center for Arizona Policy, Americans for Prosperity, the Arizona Chamber of Commerce, and the Arizona Women of Action. According to reports, the groups believe the law violates the right to give money anonymously. 

Groups supporting the law include the Voters' Right to Know PAC, which is led by former Arizona Attorney General Terry Goddard. The Campaign Legal Center, Citizens Clean Election Commission, and Arizona Secretary of State's Office also support it.

The Secretary of State would collect the reports and the Clean Election Commission would make sure groups follow the rules.

What happens in Arizona could affect similar laws in other states.