Center for Arizona Policy v. Arizona Secretary of State
The Arizona Supreme Court upheld a “dark money” disclosure law, affirming dismissal of challenges under the state’s free speech clause and right not to be disturbed in “private affairs,” but allowing to continue an as-applied claim that the rules chilled the plaintiffs’ issue advocacy. The court developed its own standard of review under the speech clause, departing from the federal approach, and also held that donations to fund campaign media are not “private affairs.”
Related Commentary
Arizona Supreme Court Grapples with Challenge to “Dark Money” Disclosure Law
Voters overwhelmingly approved the law in 2022 to shed light on anonymous campaign spending from large donors.
State Court Oral Arguments to Watch for in September
Issues on the dockets include charter schools, minimum wage for live-in caregivers, online arbitration agreements, and a controversial handwritten date requirement for mail ballots.