I, Mike Dunleavy, Governor of the State of Alaska, under the authority of Article III, Sections 1 and 24 of the Alaska Constitution, hereby order the Department of Law to review and assess State statutes and regulations regarding charitable organizations, as defined under AS 45.68, to determine the extent that State agencies collect and aggregate the personal information of charitable donors and whether State law prohibits or authorizes the disclosure of that personal information by any state or local governmental unit.
BACKGROUND
Since Alabama v. NAACP, 357 U.S. 449 (1958), courts have recognized a First Amendment right to anonymously support and associate with organizations. Charitable contributions are often a key component of an individual’s support and association with various organizations. While federal law requires tax-exempt organizations to report the names and addresses of substantial contributors, the United States Supreme Court recognized in Americans for Prosperity Foundation v. Bonta, 594 U.S. __ (2021) that state disclosure of charitable donor lists must be narrowly tailored to pass constitutional muster.
Following the Bonta decision, state legislatures began repealing donor disclosure laws. Alaska currently requires charitable organizations that wish to solicit donations in the State to register with the Department of Law. The current statutes do not specifically require the disclosure of individual donors to the State; however, the State is committed to protecting the personal choice of Alaskans to donate to a particular charitable organization, as defined under AS 45.68, from unwarranted public disclosure. While certain disclosure laws and regulations exist for the purpose of reporting political contributions or qualifying for State tax-exemptions, the goal of this Order is to direct the Department of Law to review and assess current State law and regulations to ensure an individual’s choice to donate or support a particular charitable organization remains secure from unnecessary public disclosure. Accordingly, this Order directs the Department of Law to review and assess the State laws and regulations associated with the collection, aggregation, disclosure, or release of personal information of donors to charitable organizations regulated under AS 45.68.
ORDER
I, Mike Dunleavy, Governor of the State of Alaska, order the following:
1. The Department of Law shall review existing data collection and public disclosure laws and regulations applicable to charitable organizations and identify any existing or potential threats to the unwarranted disclosure of an individual’s personal information in relation to donations to a charitable organization.
2. By January 1, 2025, the Department of Law shall deliver a report to the Governor that consists of its review of existing data collection and public disclosure laws and regulations applicable to charitable organizations and that proposes, if necessary, amendments to those laws and regulations.
3. This Order shall be completed consistent with applicable law.
EFFECTIVE DATE
This Order takes effect immediately.
Dated this 12th day of April 2024.
