Hurt feelings from the campaign trail fuel retaliatory disclosure demands across the U.S.

Legislative and regulatory proposals in as many as 34 states pose a potential threat to the privacy and free speech rights of donors to the nonprofit community, a new report finds. People United for Privacy Foundation (PUFPF), a national privacy rights advocacy group, warns that state officials are increasingly targeting the ability of nonprofit supporters to maintain their privacy as political polarization rises.

“After a bruising campaign season, many politicians are out for revenge against the groups and donors that dared to criticize them. These efforts reach far beyond traditional political committees to target nonprofits that discuss elected officials’ voting records or advocate on policy issues. Forcing nonprofits to publish their supporters’ names and home addresses is an intimidation tactic that chills free speech and violates personal privacy,” said PUFPF Vice President Matt Nese, a co-author of the report.

The report, “2025 State Threats to Donor Privacy and Nonprofit Advocacy,” analyzes current and past legislation, regulatory proposals, and statements by public officials to catalog potential threats to donor privacy in state legislative sessions occurring across the country.

Key Takeaways:

• A growing number of states are experiencing donor privacy threats. 34 states are included in this year’s report, up from 31 states in 2024.
• Threats are motivated by retribution, not ideology. Of the 34 states featured in the report, 14 have legislatures controlled by Democrats, another 14 have Republican-controlled legislatures, and 6 feature split control, whether between chambers or dividing the legislature and the governor.
• Anti-privacy politicians try, try, and try again. Where threatening proposals have failed in the past, they are likely to reappear in the future. States that have considered donor disclosure legislation in recent years are prime candidates for future threats.
• Arizona sets the stage for the next big legal battle. Following the passage of the Arizona “Voters’ Right to Know Act” in 2022 via Prop 211, several other states have explored copycat legislation or regulatory proposals. The law, which is designed to expose many nonprofit donors, may ultimately lead to the next landmark constitutional challenge to donor disclosure mandates.

PUFPF’s report identifies three broad categories of threats to donor privacy: (1) proposals aimed at retaliating against nonprofits and donors for their speech; (2) proposals modeled off a recently adopted Arizona law that seeks to evade previous Supreme Court precedents safeguarding donor privacy; and (3) proposals on related issues, such as campaign finance, ethics, and foreign influence, that could be exploited by opportunistic amendments to target American nonprofits and their donors.

Regardless of their intention, the report explains, threats to donor privacy jeopardize fundamental American values and constitutional protections:

“Donor privacy is a foundational element of free speech and civic engagement. Throughout American history, citizens have relied on the right to donate anonymously to support causes they believe in without fear of retaliation. The Supreme Court has repeatedly affirmed the necessity of donor privacy, recognizing that forced disclosure can lead to harassment, retaliation, and the silencing of important voices in public debate. Nevertheless, politicians and regulators continually seek new schemes and justifications to enable donor exposure.”

PUFPF’s report includes both current and potential threats to donor privacy. Many states included in the report have pending legislation or regulatory proposals that implicate donor privacy rights. Others are included because of past proposals that are likely to be reintroduced at some point in 2025 or beyond. Still others are included because of proposals that do not directly threaten donor privacy in their current form, but which could be easily amended to do so.

Fortunately, most of the proposals in the report are unlikely to become law, according to PUFPF’s projections. As Arizona demonstrates, however, any threat that succeeds can spawn numerous copycat proposals in other states and require years of expensive litigation to defeat in court. Nonprofits must therefore remain vigilant against all potential threats to their members and supporters’ privacy.

While many threats to donor privacy emerge each year, there are also positive trends worth celebrating. Since 2018, 20 states have passed legislation to enhance privacy protections for 92 million Americans who support or join a nonprofit organization. The law, known as the Personal Privacy Protection Act, has been sponsored and supported by lawmakers from both parties in an effort to prevent American citizens from being targeted for their beliefs.