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Some lawmakers in Olympia think we have too much freedom of speech.
The bill cleverly branded as the DISCLOSE Act would impose state monitoring of certain activities by nonprofits. Sponsors of the bill want to expand state power over public speech and civic engagement by requiring certain nonprofit groups to report sensitive personal information about their donors.
The Public Disclosure Commission, a state agency, then would release that personal information on the internet.
If deemed to be engaged in expressing political views, nonprofit organizations would be required to file regular reports with the PDC that provide personal identifying information about their contributors.
If the PDC determines a group counts as an “incidental committee” in expressing political views, that label would apply even if that’s not the nonprofit’s primary purpose.
That means nonprofits, including family-support charities, community groups, environmental advocates, social service organizations, the ACLU, the YMCA, the Girl Scouts, the Sierra Club, AARP, and the local PTA, would be included if they fall under the bill’s definition of civic engagement.
Nonprofits would have to report the 10 largest contributions of at least $10,000 from a single source in a calendar year. In addition, all contributions of $100,000 or greater be required to be disclosed.
The media would be exempt, as would most unions.
The requirement would apply only to private gifts made to private nonprofits; no reporting on public tax money would be involved. The reports must include specific, personal information about donors, which then would be made public.
PDC commissioners could impose further requirements in the future, based on the expanded authority they would receive under the bill.
Bill sponsors say they want to increase transparency, close “loopholes” and expose so-called “dark” money.
Well, freedom of speech isn’t a loophole, and people giving to private charities is not dark money. These are derogatory terms advocates use against people they disagree with in an effort to silence the views of their opponents.
Mean-spirited tactics like this are exactly why people don’t want their personal information posted online. No one wants to be targeted for their political views, or be perceived as supporting causes that some people decide are unacceptable.
Bill sponsors say they want to bring transparency and sunshine to politics. But transparency is for government. Privacy is for individuals.
This bill would weaken our democracy by spreading fear of PDC regulators and being targeted by political activists. The result would be a chilling effect on charities.
Voluntary civic engagement is essential to the health of our democracy. Everyone should be free to support the private nonprofit causes of one’s choice without fear of threats or intimidation.
Paul Guppy is vice president for research at Washington Policy Center, an independent, nonpartisan, nonprofit educational and research organization. WPC does not get involved in candidate election campaigns, and does not support or oppose any candidate for public office.