OPINION: Harris should learn from Alaska on donor disclosure

Kamala Harris has a history of leveraging government power to target and intimidate political opponents. Her approach stands in stark contrast to Gov. Mike Dunleavy, who took steps earlier this year to protect Americans from harassment and intimidation at the hands of radical activists and government bureaucrats.

Under California law, all nonprofits operating in the state were required by then-Attorney General Harris to submit federal tax forms that listed the private information of their major donors. The agency tasked with storing that information then leaked the forms online, allowing this sensitive information to fall into the hands of political operatives, biased media outlets and radical activists.

Violating donor privacy is a big deal. In fact, Harris’s demand was found by the U.S. Supreme Court to have violated a unanimous Supreme Court ruling from the civil rights era, 1958′s NAACP v. Alabama. In that case, Jim Crow-era officials tried to force the NAACP to turn over its members list. The results would have been disastrous for the NAACP, but thankfully, the Court shut down the demand.

The justices understood that Americans could not speak freely about issues such as racial discrimination if they could be targeted for retaliation by those in power because of their beliefs. So they clarified that all Americans have the right to support nonprofit causes without state officials prying into their business. Many things have changed since the 1950s, but the threats of doxxing, harassment and even violence in politics have sadly remained.

Citing the NAACP case, several conservative nonprofits sued Harris for her disclosure demand. After years of litigation, the Supreme Court ruled in their favor in the case Americans for Prosperity Foundation v. Bonta. It once again reaffirmed the right to privately donate to a nonprofit.

Despite the happy ending, Harris’s abuse of power in the case was chilling. It brought criticism from across the political spectrum, including from liberal groups such as the ACLU and NAACP Legal Defense Fund. Harris’s actions also demonstrate a willingness to sacrifice constitutional rights in pursuit of political goals.

Adding to the concern, Democrats have previewed plans to continue revealing the identities of donors to conservative nonprofits. At the Democratic National Convention, the party platform endorsed the DISCLOSE Act, a bill Harris co-sponsored in the Senate, which promises to impose “full disclosure” on Americans who donate to nonprofits engaged in issue advocacy. This policy would force individuals who support organizations speaking out in favor of conservative (or progressive) causes to reveal their personal information, further fueling cancel culture and adding to the toxicity of our politics.

As Vice President, Harris was the tiebreaking vote in favor of the Inflation Reduction Act, which provided tens of billions of dollars in funding to the IRS to hire 87,000 new agents. If elected president, a prospective Harris administration would likely abuse this increased manpower to monitor, audit and investigate conservative groups more aggressively – as the Obama administration infamously did in the Tea Party targeting scandal.

In stark contrast to Harris’s record, Alaska Gov. Mike Dunleavy has taken proactive steps to protect donor privacy. Through Administrative Order No. 353, Dunleavy safeguarded the confidentiality of nonprofit donors, ensuring that their names, addresses, and contributions remain private. This order shields organizations and their supporters from the potential harassment and intimidation that can arise from public disclosure.

Gov. Dunleavy’s advisory opinion reflects the importance of protecting individuals from weaponized government agencies. It protects the rights of all Americans, no matter their beliefs or political affiliations. It recognizes the need to lower the temperature of our debates and respect every citizen’s fundamental dignity and constitutional rights.

Harris would be wise to follow the governor’s lead. Unfortunately, it seems she has chosen the opposite path. The expansion of the IRS and the Democratic Party’s push for “full disclosure” laws threatens to politicize the nonprofit community and weaponize government agencies against the right.

Roy Syren Jr. is a donor to nonprofits and political causes, as well as the founder of Point MacKenzie Construction and Management, Inc.

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