by Matthew Holloway | Sep 14, 2025 | News
By Matthew Holloway |
Attorneys from the Goldwater Institute, representing the Center for Arizona Policy and the Arizona Free Enterprise Club, joined former Arizona Supreme Court Justice Andrew Gould on Thursday to challenge Proposition 211. The measure, called the “Voters’ Right to Know Act,” is being contested on the grounds that it violates the state Constitution’s protections for free speech and privacy.
In the wake of Turning Point USA co-founder Charlie Kirk’s assassination—and a decade marked by attacks on political figures—the security risks of effectively doxxing political donors loom large in the case.
If upheld, the law would force nonprofit groups that weigh in on ballot measures or reference incumbents near an election to publicly disclose their donors—not just names and amounts, but also home addresses and employers—in a searchable database.
In today’s climate of escalating political violence—from death threats and swatting to vandalism, arson, and even assassinations—a database like this could essentially become a “hit list.”
In a press release the Goldwater Institute explained its position stating, “While proponents of the Voters’ Right to Know Act say they’re simply combatting so-called ‘dark money’ in politics, it is clear to Goldwater and its clients — the Center for Arizona Policy, the Arizona Free Enterprise Club, and individual donors — that their real intent is to intimidate their political opponents into silence.”
“Arizona’s Proposition 211 is as un-American as it is dangerous. No one should be exposed to retaliation or violence simply for supporting causes they believe in,” said Jon Riches, Goldwater’s Vice President of Litigation. “The law also violates Arizona’s Constitution, which provides stronger protections for freedom of speech and privacy than even the U.S. Constitution. That’s why we at the Goldwater Institute believe the Arizona Supreme Court will ultimately strike down Proposition 211.”
Arizona Free Enterprise Club President Scot Mussi added, “They’re afraid of the activist organizations out there. They’re afraid of politicians and others that want to exact retaliation because they simply support a position or belief that they disagree.”
Mussi characterized the law as “a dangerous threat to our right to free speech and association.”
“As drafted, the law can be used to unconstitutionally target and harass private citizens, including our organization and our supporters,” Mussi stated. “We are confident that the Supreme Court will recognize the danger this law poses and will rule in our favor.”
In a statement to AZ Free News in May, Mussi elaborated on the potential for political intimidation: “Both the U.S. Constitution and the Arizona Constitution guarantee citizens the right to speak freely, which includes the right to not be forced to speak. Prop 211 not only violates this right for donors by silencing them from supporting causes they believe in but impairs the speech of nonprofits like ours as well.”
Peter Gentala, President of the Center for Arizona Policy, stated in a press release that Proposition 211 “creates an atmosphere of fear among those who support nonprofits that engage in the most pressing issues in Arizona today.”
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Corinne Murdock | Jan 11, 2023 | News
By Corinne Murdock |
A proposition intended to provide transparency to certain, alleged dark money networks may result in more danger for certain nonprofits.
The Arizona Free Enterprise Club (AFEC) says it’s faced threats of violence and endured vandalism last year, and expressed concern that Prop 211, the Voters’ Right to Know Act, would exacerbate these issues.
AFEC President Scot Mussi told AZ Free News that some of the threats of intimidation were so severe that they filed police reports. Mussi said that the forced disclosure of the names, addresses, occupations, and identities of employers for any donors who gave over $5,000 to them would be subject to the same evils they face.
“Our supporters should be able to exercise their speech rights without fear of harassment or intimidation,” said Mussi.
Mussi predicted that Prop 211 would result in donors enduring retaliation and harassment. He pointed out that the proposition lacked substantive protections, except a provision protecting individuals from a “threat of physical harm.” However, Mussi was skeptical that the provision had any teeth for most organizations, save for the wealthy and powerful.
Any group or entity that spends over $50,000 on campaign media spending in a statewide race or $25,000 in any other race must adhere to those disclosure requirements. The top three donors for that cycle must also be disclosed, even if their funds weren’t used for campaign media spending.
Campaign media spending includes any public communications promoting, supporting, attacking, or opposing a candidate within six months of an election; referring to a candidate 90 days before a primary election; or even researching, designing, or producing content in preparation for public communication about a candidate. This expansive definition would include blog posts, articles, press releases, or social media posts.
Mussi told AZ Free News that the forced disclosure was tantamount to doxxing. He said the disclosures are a “well-known tactic” to silence dissent, referencing the ousting of Mozilla CEO Brendan Eich after he donated to fund a California initiative declaring that marriage belongs between a man and a woman.
As a result of these concerns, AFEC filed a lawsuit to overturn Prop 211 last month. The nonprofit insists that First Amendment free speech protections also afford the right to not be forced to speak.
READ THE AFEC LAWSUIT HERE
Joining AFEC is the Center For Arizona Policy (CAP), a conservative nonprofit, represented by the Goldwater Institute. The named defendants include Governor Katie Hobbs in her former capacity as secretary of state, as well as the Arizona Clean Elections Commission.
In a press release, Goldwater Institute (GI) Senior Attorney Scott Day Freeman stated that Prop 211 would force donors to choose between supporting causes and organizations they believed in or having their donations and private information publicized on a government list.
“The result will be less free speech, more harassment, and an uglier political discourse,” stated Day Freeman.
As AZ Free News reported, Prop 211 provides neat carveouts for primary sources of leftist dark money: corporate media, Big Tech, labor unions, and “nonpartisan” PACs, for example.
The main financier of the measure, David Tedesco, is the founder and CEO of the Phoenix-based venture capitalist firm, Outlier. The leader of the effort was Terry Goddard, the state’s former Democratic attorney general. Both men told The Washington Post that they disagreed with characterizations of Prop 211 by AFEC, CAP, and GI.
Tedesco also pushed back against the Wall Street Journal editorial board opinion opposing the proposition.
“Transparency and sunshine are happy words, but in reality disclosure laws have become a weapon used by the left to intimidate conservatives from engaging in politics. Groups trawl records for names and then organize social-media campaigns to harass and discourage donors,” wrote the board. “Americans looking to participate in campaigns can, and often do, see their names dragged through the mud. Many donors decline to engage, and political speech is chilled before it even happens.”
Tedesco rebutted that Prop 211 doesn’t present a free speech threat because it was backed financially by registered independents and Republicans. He said that voters had a right to know any financial sources behind free speech.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
