New PUFPF report tracks donor privacy threats in the 2026 state legislative sessions

As many as 38 states are considering legislation that would harm the First Amendment rights of nonprofits and their supporters, according to a new report from People United for Privacy Foundation (PUFPF). The February 28 report analyzes key trends impacting nonprofit advocacy and donor privacy in the 2026 state legislative sessions.

“Every year brings new, politically-motivated schemes to invade the privacy of Americans who join, volunteer for, or donate to nonprofits. At the same time, a bipartisan movement to protect donor privacy continues to gain steam across the country,” said Matt Nese, Vice President of People United for Privacy Foundation and the report’s author.

The report surveys major categories of threats to nonprofit advocacy and donor privacy in the states and highlights representative legislation. Notable threats include Arizona-style “original source” disclosure bills, proposals regulating issue advocacy under the guise of policing artificial intelligence, and measures targeting “out-of-state” donors and alleged foreign influence. The report also amplifies several new trends that should worry nonprofits and their supporters, including the so-called “Montana Plan” to strip corporations – including nonprofits – of the right to engage in political and policy debates.

“Perhaps most notably, 2026 has begun to reveal a shifting partisan dynamic. Republican lawmakers, who have historically championed First Amendment arguments in opposition to donor disclosure mandates, are increasingly introducing bills that would subject nonprofits to PAC-style reporting requirements. This new wave of retribution-driven legislation has profound implications for the future of nonprofit civic engagement,” the report explains.

Fortunately, there is also a competing pro-privacy movement in the states. Unlike privacy threats, which overwhelmingly fail to become law, privacy reforms have seen remarkable success in recent legislative sessions. For example, 22 states have passed PUFPF’s model policy, the Personal Privacy Protection Act, safeguarding the privacy of nonprofit donors since 2018, with Nevada and North Carolina passing the law with bipartisan support in 2025.

Concerns about rising political violence have created additional urgency for donor privacy reforms as well. PUFPF’s newest model policy, the Protect Donors at Home Act, is another tool states can use to safeguard civic engagement from doxing and harassment.

After most state legislatures adjourn for the year, PUFPF will publish a follow-up report in the fall documenting how these privacy reforms (and disclosure threats) ultimately fared.

To download the report, click here or go to: https://unitedforprivacy.com/2026-mid-session-report/.