Arizona’s voter-approved dark money law defeats First Amendment challenge in appellate ruling

A 9th Circuit panel ruled Wednesday that Arizona's Voters' Right to Know Act, approved by more than 70% of voters in 2022, is constitutional, rejecting a challenge from Americans for Prosperity, the Koch-founded group. The law requires political committees to disclose funding sources above set thresholds, $5,000 to a group spending $50,000 on a statewide campaign or $25,000 on a legislative race.

Judges Gabriel Sanchez and Johnnie Rawlinson found the disclosure burden modest against the government's interest in informing voters, while dissenting Judge Patrick Bumatay argued the founders intended to protect anonymous political funding as sacrosanct speech. The ruling marks the group's second courtroom loss on this law after a trial court also rejected its arguments.

Former Arizona Attorney General Terry Goddard, who championed the law, called the ruling another validation of what voters wanted. The law remains in effect for the Nov. 3 general election while Americans for Prosperity weighs an appeal to the full 9th Circuit or the Supreme Court.

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