In a Victory for Voters, Arizona Supreme Court Upholds Proposition 211

Date
Case
Defending Transparency for Campaign Spending in Arizona — Center for Arizona Policy, Inc., et al., v. Arizona Secretary of State, et al. (State-Level Challenge)
Issues
Campaign Finance

PHOENIX — Today, Arizona’s Supreme Court affirmed the constitutionality of Proposition 211 (Prop 211), rejecting a broad challenge to the law under the Arizona Constitution and allowing the proposition to remain in place. However, the ruling also permits the plaintiffs to attempt to prove that they face actual, serious harm from Prop 211's disclosure requirements as applied to them.

This ballot measure, supported by 72% of Arizona voters in 2022, implements a robust traceback disclosure system to trace the original sources of money spent in elections. It is the product of years of hard work by Voters’ Right to Know, which is represented by Campaign Legal Center Action in this case.

“Arizona voters can celebrate today's decision because the state Supreme Court has affirmed Arizonans’ right to know who is spending big money to influence their vote by upholding Proposition 211,” said Trevor Potter, president of the nonpartisan Campaign Legal Center. “This decision also affirms the will of Arizonans, who overwhelmingly supported Proposition 211 in 2022 to identify sources of campaign spending. Spending transparency laws are protected by the First Amendment. In this decision, the Arizona Supreme Court has similarly held that the Arizona Constitution’s free-speech clause permits requirements for robust disclosure of campaign spending. Today’s ruling represents another major win for transparency and the ongoing effort to make sure voters are well-informed about who is spending money to influence their votes.”

The Arizona Superior Court and court of appeals both affirmed the constitutionality of Prop 211 before it came to the Arizona Supreme Court. The plaintiffs — Center for Arizona Policy, the Arizona Free Enterprise Club and two anonymous donors — filed their lawsuit against the Arizona Citizens Clean Elections Commission (CCEC) and the Arizona secretary of state on the grounds that traceback disclosure violated their free speech rights.

In today’s Arizona Supreme Court ruling, the state’s high court carefully explained the history and meaning of the Arizona Constitution as it relates to both free speech and election-related disclosures. Consistent with multiple constitutional provisions enhancing democratic participation, the Court denied plaintiffs’ attack on Prop 211. Those seeking exemption, such as the plaintiffs, must show that they are likely to face serious harm from being identified as the original source of campaign contributions.

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The nonpartisan Campaign Legal Center advances democracy through law. We safeguard the freedom to vote, defend voters’ right to know who is spending money to influence elections, and work to ensure public trust in our elected officials.

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