Federal Court Upholds Landmark Campaign Finance Transparency Law in Arizona

SAN FRANCISCO — Yesterday, in a major victory for Arizonans, the United States Court of Appeals for the Ninth Circuit upheld Proposition 211, also known as the Voters’ Right to Know Act. Approved by 72% of Arizona voters in 2022, the Act shines a light on the original sources of secret spending, sometimes called “dark money,” via a robust traceback disclosure system in the state for campaign-related ads and expenditures.

The Voters’ Right to Know Act, which has been repeatedly upheld by both state and federal courts, is the product of years of hard work by Voters’ Right to Know, which is represented by Campaign Legal Center Action (CLCA) in this case.

“Voters in Arizona — and across the nation — have a right to know who is spending huge sums on elections to influence their decisions about who should represent them in government. Proposition 211 embodies this principle, which is why it passed with over 72% of the vote,” said Trevor Potter, president of Campaign Legal Center and former Republican chairman of the Federal Election Commission. “Once again, a court has upheld the voters’ right to know, this time at the federal level. This ruling is yet another win for Arizona voters and another affirmation that campaign spending transparency laws are protected by the First Amendment.”

Under Prop 211, any group that spends more than $50,000 in statewide campaigns — or $25,000 in non-statewide campaigns — on political media advertising and related spending will be required to keep track of large donations it receives and publicly disclose the original sources of donations exceeding $5,000.

While other legal challenges remain, this ruling (again) affirms that traceback disclosure rules are indeed constitutional and can remain on the books to fulfill Arizona voters’ right to know who is spending to influence their votes.

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