Across the United States, outdated state laws put Americans’ privacy at risk when supporting nonprofit causes. These laws give violent extremists and vengeful government officials access to citizens’ names, home addresses, and donation histories in the name of “transparency.” This sensitive personal information then serves as a blueprint for bad actors to harass and intimidate Americans for their beliefs and giving. The end result is a society where only the most secure and the most brazen feel comfortable getting involved.

Fortunately, a bipartisan movement to update and reform these laws is beginning to take shape. Nevada just became the third state, following West Virginia in 2023 and Kansas earlier this year, to amend its campaign finance statutes for the digital age. A.B. 497, introduced by Speaker Steve Yeager (D), passed unanimously by the Assembly, and signed into law by Governor Joe Lombardo (R) on June 5, makes several key improvements to state law. Two such reforms are particularly noteworthy for nonprofit organizations and their supporters.

First, the law clarifies that nonprofits cannot be regulated as political committees under Nevada law. This is important because political committees are required to publicly expose their donors and follow onerous reporting requirements for their spending and activities. As PUFPF has documented countless times in numerous states, regulators often attempt to slap the same requirements on nonprofits when they participate in the political process, such as by supporting proposed legislation or commenting on an elected official’s record. By treating nonprofits as political committees, states can inadvertently (or intentionally) expose non-political donors to harassment and retaliation. They may also stifle the voices of many grassroots organizations that lack the resources and legal expertise to navigate the complexity of campaign finance law.

Thanks to A.B. 497, that won’t be a problem in Nevada anymore. The law exempts “any nonprofit organization or nonprofit corporation duly organized under federal law or under the laws of this State, any other state, the District of Columbia or any territory of the United States” from the state’s definition of a “committee for political action.” Now, politicians and activists who seek to silence nonprofits or target their donors will have to cook up a new scheme.

Second, A.B. 497 clarifies that nonprofits cannot be forced to expose their donors when they engage in limited political activity. Specifically, the law amends existing code to make clear that when nonprofits make independent expenditures – communications that independently advocate for the election or defeat of candidates – they are only required to report information about how the money was spent. They cannot be forced to expose the private personal information of their members and supporters.

Independent expenditures are most famously associated with super PACs, which are political committees and must disclose their donors. Other entities, however, still retain a First Amendment right to make their opinions known on upcoming elections and candidates. A.B. 497 safeguards the privacy rights of a nonprofit’s members when organizations occasionally choose to exercise this right.

A.B. 497 will make it safer for Nevadans to support the causes they believe in at a time when political violence is increasingly common and dangerous. Laws that expose donors’ personal information largely predate the internet and the rise of doxing and online harassment. Their authors, in most cases, could not have imagined the world we live in now, where donation records are instantly accessible from anywhere in the world with just a few clicks.

These old laws may also be unconstitutional under the Supreme Court’s 2021 decision in Americans for Prosperity Foundation (AFPF) v. Bonta. That case struck down California’s demand for nonprofit donor lists and reaffirmed that donor privacy is an enduring First Amendment right. Citing cases such as NAACP v. Alabama (1958), AFPF v. Bonta is a critical reminder that privacy in association is essential for free speech.

Nevada further recognized and protected the rights of nonprofit organizations this session by passing A.B. 197 with near unanimous support. That law prohibits state agencies and officials from making unlawful demands or disclosures relating to the personal information of a nonprofit’s members, donors, and volunteers. Together, these two bills mark an extraordinary advance for nonprofit donor privacy rights in the Silver State.

Congratulations are due once again to Governor Lombardo, Speaker Yeager, and the Nevada Legislature for working together in a bipartisan effort to safeguard Nevada’s nonprofit community and the personal privacy rights of all Nevadans.