Taglegislation

North Carolina Gov. Roy Cooper vetoes bill on nonprofit donation disclosure and privacy

On Sept. 3, 2021, North Carolina Gov. Roy Cooper (D) vetoed S636, a bill making donations to nonprofit corporations confidential.

S636 prohibited the public disclosure of the “identity of any person donating monies or other tangible goods to the nonprofit corporation…if the person has notified the nonprofit corporation, in writing prior to or at the time of the donation.” Donor information would not be considered a public record, and nonprofit membership lists could not be “obtained or used by any person for any purpose unrelated to a member’s interest as a member” without the consent of the organization’s board of directors. Government employees who disclosed such information would be charged with a Class 1 misdemeanor.

“This legislation is unnecessary and may limit transparency with political contributions,” Cooper said in a press release following the veto.

The bill’s supporters say it would protect donors from harassment or discrimination based on the organizations they choose to support. People United for Privacy lobbyist Susan Vick said donations “are often deeply personal and potentially put us at odds with what family members or friends believe is a worthy cause. This bill simply protects donor lists from being required for disclosure under the guise of state action as we’ve seen in other states.” State Sen. Norm Sanderson (R), who sponsored the bill, said the bill does not change current campaign disclosure laws in North Carolina, and that investigators would still be able to get donor records with a subpoena. “It does not change any law that is currently in North Carolina,” Sanderson said. 

Opponents say the bill would decrease transparency around political campaign contributions and allow politically active nonprofits to hide their donors. Melissa Price Kromm, director of the North Carolina Voters for Clean Elections Coalition, said the bill “protects wealthy special interest and dark money groups,” In response to bill supporters who say it protects donors’ free speech and privacy, State Rep. Marcia Morey (D) said “That’s not what we’re talking about here. We’re talking about money… money that has power to influence and oftentimes money that has power to corrupt.”

S636 passed the North Carolina House 59-33 on Aug. 19 with one Democrat, Rep. Abe Jones, voting in favor of the bill. The Senate approved the bill on August 25 in a 25-19 vote along party lines. Lawmakers must have a three-fifths majority vote in both chambers of the General Assembly to override Cooper’s veto, and neither party currently has a veto-proof majority in either chamber.

Ballotpedia is currently tracking 39 pieces of legislation dealing with donor disclosure and privacy that have been introduced this year.

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West Virginia State Legislature refers three constitutional amendments to 2022 ballot during its 2021 session

The West Virginia State Legislature referred three constitutional amendments to the November 2022 ballot on April 9 and 10, the last days of the legislative session. 

  1. West Virginia No Court Authority over Impeachment Amendment
  2. West Virginia Incorporation of Religious Denominations and Churches Amendment
  3. West Virginia Tax Exemptions for Personal Property Used for Business Activity Amendment

To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67 percent) supermajority vote is required in both the West Virginia State Senate (23 votes) and the West Virginia House of Delegates (67 votes). November 2020 elections gave Republicans two-thirds majorities in both chambers when previously at least some support from Democrats to refer amendments to the ballot.

One amendment would say that no state court has authority over impeachment proceedings by the state legislature and that no court can review any impeachment judgments made by the state senate. The amendment was introduced as House Joint Resolution 2 on February 11, 2021, and passed largely along party lines in each chamber. The state House approved the amendment by a vote of 78-21 on March 2, 2021. In the House, 76 Republicans and two Democrats voted in favor of it, and 21 Democrats voted against it. On April 9, 2021, the state Senate approved the amendment by a vote of 23-11. All 23 Republicans voted in favor of it, and all 11 Democrats voted against it.

The amendment was proposed in response to an investigation and impeachment proceedings for multiple West Virginia Supreme Court Justices in 2018. Investigation and impeachment proceedings stemmed from the justices’ alleged misuse of over $1 million in state funds, specifically relating to courthouse office renovations; misuse of state vehicles; and illegal payments to senior judges. On October 2, 2018, the Senate censured Justice Beth Walker but did not remove her from office. In October 2018, temporary supreme court justices blocked the Senate from conducting an impeachment trial for Justices Margaret Workman, Robin Davis, and Allen Loughry. A similar amendment was proposed in 2020 but did not receive the necessary two-thirds vote in the House.

Another amendment would authorize the state legislature to pass laws to incorporate churches and religious denominations. The measure was introduced as Senate Joint Resolution 4 (SJR 4) on February 10, 2021. The state Senate approved SJR 4 with a vote of 32-0 with two absent on March 2, 2021. On April 7, 2021, the state House adopted the bill with amendments and sent it back to the state Senate. On April 10, the state Senate did not adopt the amendments and sent the bill back to the state House where it was approved in its original form in a vote of 94-4 with one absent. Four Democratic legislators voted against it.

The third amendment would authorize the state legislature to exempt personal property (machinery, equipment, and inventory) used for business activity from ad valorem property taxes. The amendment was introduced as House Joint Resolution 3 (HJR 3) on February 11, 2021. The state House approved an amended version of HJR 3 with a vote of 84-16 on March 31, 2021. Fifteen Democratic representatives and one Republican voted against it. On April 10, 2021, the state Senate approved the measure with a vote of 29-5. Four Democratic senators and one Republican voted against it.

The West Virginia State Legislature convened on February 10, 2021, and adjourned on April 10, 2021. Republicans held a 23-11 majority in the Senate and a 76-24 majority in the House, which means Republicans had the two-thirds majority required to put a constitutional amendment on the ballot in both chambers. Before the November 2020 elections, Republicans held 20 seats in the Senate and 58 seats in the House, which means they needed at least three votes from Democrats in the Senate and nine votes from Democrats in the House to refer constitutional amendments to the ballot.

The party also controlled the governorship, creating a Republican state government trifecta.

From 1996 through 2020, 73.3% (11 of 15) of statewide ballot measures in West Virginia were approved, and 26.7% (4 of 15) were defeated.

So far, 21 statewide ballot measures have been certified for the 2022 ballot in 12 states.

At the end of the West Virginia session, there were five constitutional amendments that had passed one chamber. Bills are carried over to the 2022 legislative session as long as the sponsor/sponsors remain in office during the next session, and the measure has not been rejected, tabled, or postponed indefinitely. The five outstanding amendments relate to education, term limits, firearms, and veterans.

The state legislature is set to convene on January 12, 2022, and adjourn on March 12, 2022.

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Washington initiative signature deadline passes with no campaigns submitting signatures

Citizens of Washington may initiate legislation as either a direct state statute—called Initiative to the People (ITP) in Washington—or indirect state statute—called Initiative to the Legislature (ITL) in Washington. In Washington, citizens also have the power to repeal legislation via veto referendum. Citizens may not initiate constitutional amendments.

The signature deadline for 2021 Washington Initiatives to the Legislature (ITL) was December 31, 2020. For an ITL to be taken up by the Washington State Legislature and potentially put on the ballot in 2021, proponents needed to submit 259,622 valid signatures to the Secretary of State by December 31.

A total of 216 ITLs were filed by 14 sponsors, of which, 135 were withdrawn. None of the campaigns submitted signatures by the deadline. The filed initiatives concerned a range of topics including taxes, sex education, sports betting, and affirmative action.

If campaigns submit enough valid signatures for an ITL, the initiative goes before the Washington Legislature at the next regular legislative session in January. The legislature must take one of three actions.

1. The legislature can adopt the initiative as proposed, in which case it becomes law without a vote of the people.

2. The legislature can reject or refuse to act on the proposed initiative, in which case the initiative must be placed on the ballot at the next state general election.

3. The legislature can approve an alternative to the proposed initiative, in which case both the original proposal and the legislature’s alternative must be placed on the ballot at the next state general election.

Thirty-four Initiatives to the Legislature have been on the ballot since the first ITL in 1916; 18 were approved. The most recent ITL, Initiative 976, was on the ballot in 2019 where it was approved and later invalidated by the Washington State Supreme Court.

Besides Initiatives to the Legislature, Washington citizens may initiate Initiatives to the People. These initiatives are direct initiatives, meaning that groups collect signatures and once enough valid signatures are collected, election officials place the measure directly on the next general election ballot for a vote. Initiatives to the People (ITP) may be filed targeting the 2021 ballot beginning on January 4, 2021.

In Washington, the signature requirement for citizen initiatives is based on the total number of votes cast for the office of governor at the last regular gubernatorial election. Initiatives to the People and Initiatives to the Legislature require signatures equal to 8% of the votes cast for the office of governor in the last election. Veto referendum petitions require signatures equal to 4% of the votes cast for the office of governor.

The signature requirement for Initiatives to the Legislature lags behind by one year. For example, based on the gubernatorial election of 2020, the signature requirement for Initiatives to the People and veto referendums will change in 2021 while the requirements for Initiatives to the Legislature will remain unchanged until 2022.

Ballotpedia projects that the signature requirements for 2021 ITPs and 2022 ITLs will increase from 259,622 valid signatures to 324,516 and signature requirements for veto referendums will increase from 129,811 to 162,258 based on votes cast for the office of governor in the 2020 election (4,056,454).

A total of 61 measures appeared on the statewide ballot in Washington during odd years from the 20-year period between 1999 and 2019. 56% (34) were approved and 44% (27) were defeated.



President Trump signs Consolidated Appropriations Act, approves second round of direct payments

President Donald Trump (R) signed the Consolidated Appropriations Act into law December 27, approving a $900 billion legislative package that included a second round of direct stimulus payments in response to the coronavirus pandemic.

The act, which was introduced as a series of amendments to the United States-Mexico Economic Partnership Act, passed both chambers of Congress on Dec. 21. It is the fifth-longest bill ever to have passed Congress, according to GovTrack.

Among the act’s provisions is a second round of direct stimulus payments. The act calls for individuals who reported an income of $75,000 or less in tax year 2019 to receive a direct payment of $600. The size of the payment decreases as 2019 income increases, with individuals who reported an income of $99,000 or greater in 2019 receiving no direct payment.

President Trump (R) signed a first round of direct stimulus payments of up to $1,200 into law in March.

The act extends several existing federal policies enacted in response to the pandemic, including a moratorium on evictions, federal unemployment assistance, and the Paycheck Protection Program. The act also includes $20 billion in funding for coronavirus testing and $28 billion towards acquiring and distributing doses of the vaccine.

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