Arizona Supreme Court Upholds Voter-Approved Donor-Disclosure Law

Overview

• The Arizona Supreme Court issued a 4-3 decision that largely rejected broad free-speech and privacy challenges to the Voters' Right to Know Act, which requires disclosure of donors who give $5,000 to groups that spend set thresholds on races.
• The court relied on Arizona's long history of campaign-disclosure rules to say donations used for campaign media are not private, a view set out in Chief Justice Ann Timmer's majority opinion.
• The justices sent a specific retaliation or 'chill' claim back to Maricopa County Superior Court for factfinding after challengers presented allegations of threatening messages and anonymous donor statements about stopping contributions to avoid disclosure.
• The law remains in effect for this year's elections even as a separate federal challenge by Americans for Prosperity at the 9th U.S. Circuit Court of Appeals remains pending.
• Passed by roughly 72% of voters in 2022, the measure could affect donor transparency rules in other states depending on the trial-court findings about harassment and the outcome of the federal appeal.