Threats to Donor Privacy in 2025

Donor privacy, a cornerstone of free speech, is under attack across the country. According to a memo released by the People United for Privacy Foundation, 34 states currently face legislative or regulatory threats to donor privacy, up from 31 in 2024.

Among these states, 14 have Democrat-controlled legislatures, 14 have Republican-controlled legislatures, and six have split control. This is a non-partisan issue, and Republicans and Democrats alike should take care to protect the privacy and free speech of donors.

These states the foundation identified include:

Alaska, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Virginia, Washington, and Wyoming.

In red and blue states, donor privacy is threatened by legislation that would require nonprofit organizations to disclose their donors. Some states are seeking to go even further, with “original source” disclosure legislation requiring nonprofits to disclose their donors’ donors. These “original source” disclosure policies were inspired by Arizona’s “Voters’ Right to Know Act,” enacted via Proposition 211 in 2022.

Several states are advancing laws intended to prevent foreign influence in elections. However, these policies are broadly written and can be applied to nonprofits to require them to disclose donors, threatening the privacy of American citizens.

While proponents of these policies claim increased disclosure requirements will increase transparency, it will instead threaten free speech for all Americans, regardless of ideology. Disclosure legislation intimidates individuals from supporting causes they believe in out of fear of harassment or retribution. If enacted, this type of legislation can be weaponized against nonprofits.

ALEC supports free speech, which includes the rights of donors to support causes they believe in.

Last month, we submitted a federal public comment opposing the proposed amendments to Federal Rule of Appellate Procedure (FRAP) 29 that would impose new disclosure requirements on organizations filing amicus curiae briefs in federal court. The amendments threaten to chill public participation in the judicial process, infringing on the rights of free speech and association protected by the First Amendment.

Additionally, our Resolution in Support of Nonprofit Donor Privacy opposes efforts to expand donor disclosure requirements for 501(c)(3) nonprofit organizations.

Read more about ALEC’s policy solutions to protect free speech in our publication, Essential Policy Solutions for 2025.