Ninth Circuit Affirms Arizona's Dark-Money Disclosure Law

The Ninth Circuit Court of Appeals rejected a lawsuit brought by Americans for Prosperity, upholding the dismissal of the challenge to Arizona’s Proposition 211. In a 2-1 decision, the panel held that the Voters Right to Know Act, which mandates disclosure of donors contributing more than $5,000 to campaigns that spend at least $50,000 statewide or $25,000 in other races, is a permissible, narrowly-tailored regulation serving a vital governmental interest.

Judges Gabriel P. Sanchez and Johnnie Rawlinson authored the majority opinion, citing Supreme Court precedent on the importance of an informed electorate. Judge Patrick Bumatay dissented, arguing the law effectively “doxxes” donors and could chill speech by linking them to political causes they never intended to support. The law, approved by more than 70% of voters in 2022, also allows donors to opt out of having their contributions used for campaign media. The state’s top court previously upheld most provisions, and the appellate panel’s ruling leaves the disclosure requirements in place.