As the year gets underway, and lawmakers nationwide take up bills on donor disclosure, let’s take a closer look at a particular policy area: donor disclosure requirements for groups that sponsor electioneering communications.

Broadly speaking, an electioneering communication is any broadcast, cable, or satellite transmission that refers to a clearly identified candidate within a specified time period preceding a primary or general election. Although electioneering communications refer to a specific candidate, they do not explicitly advocate for that candidate’s election or defeat. This makes an electioneering communication a form of issue advocacy.

Individuals, corporations, labor unions, and nonprofit groups can produce electioneering communications. Generally, the policies regulating the use of electioneering communications vary from state to state (although federal laws apply to electioneering communications used in federal elections).

The first map below indicates which states require entities making electioneering communications to disclose the names of their donors to the public. States shaded in dark green require general disclosure of all donors to a sponsor group. States shaded in light green require disclosure only of those donors whose contributions were earmarked for electioneering purposes. Twenty-two states require groups issuing electioneering communications to make some form of disclosure.

The second map below indicates which states exempt 501(c)(3) groups from these disclosure requirements. States shaded in dark green provide a 501(c)(3) exemption. States shaded in gray do not. Six states provide explicit disclosure exemptions for at least some types of 501(c)(3) groups.

What we’re reading

• Washington Examiner, “How policymakers are threatening philanthropy in 2020,” Jan. 16. 2020
• Bloomberg Tax, “New York Seeks Monthly Data Dump in Fight Over Donor Rules,” Jan. 14, 2020
• Vox, “Why Jack Dorsey (and you) should pay attention to this proposed charity law in California,” Jan. 14, 2020

The big picture

Number of relevant bills by state: We’re currently tracking 35 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 since our last issue. Bills are listed in alphabetical order, first by state then by bill number.

• Iowa HF697: This bill would prohibit public agencies from requiring 501(c) entities to furnish them with personal information about donors.
  • Hearing scheduled for Jan. 22.
• Oklahoma SB1491: This bill would prohibit public agencies from requiring 501(c) entities to furnish them with personal information about donors.
  • Pre-filed to be introduced Feb. 3.
• Virginia HB849: This bill would subject political campaign communications made via online platforms to the same disclosure requirements currently applied to print media, television, and radio advertisements.
  • Hearing scheduled for Jan. 17.