OPINION: Harris should learn from Alaska about donor disclosure

Updated: 46 minutes ago Posted by: 46 minutes ago

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

Under California law, then-Attorney General Harris was required to file federal tax forms that contained personal information about their top donors. The agency tasked with storing this information then leaked the forms online, allowing this sensitive information to fall into the hands of political operatives, biased media and radical activists.

Breach of donor privacy is a big deal. In fact, Harris’ claim was ruled by the US Supreme Court to violate the Supreme Court’s unanimous civil rights-era decision, 1958 NAACP v. Alabama. In that case, Jim Crow officials tried to force the NAACP to hand over its membership list. The results would have been disastrous for the NAACP, but fortunately the Court shut down the claim.

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 explained that all Americans have the right to support nonprofit causes without government officials interfering with their businesses. Much has changed since the 1950s, but the threats of doxing, harassment and even violence in politics unfortunately remain.

Citing the NAACP case, several conservative nonprofits sued Harris over her demand for disclosure. After years of litigation, the Supreme Court ruled in their favor in Americans for Prosperity Foundation v. Bonta. This reaffirmed the right to make private donations to non-profit organizations.

Despite the happy ending, Harris’ abuse of power in the case was appalling. That drew criticism from across the political spectrum, including from liberal groups like the ACLU and the NAACP Legal Defense Fund. Harris’ actions also demonstrate a willingness to sacrifice constitutional rights to achieve political goals.

In addition, the concern is heightened by the fact that Democrats plan to continue to reveal the identities of donors to conservative nonprofits. At the Democratic National Convention, the party platform approved the DISCLOSURE Act, a bill Harris co-sponsored in the Senate that promises to impose “full disclosure» about Americans donating to advocacy nonprofits. This policy will force supporters of conservative (or progressive) organizations to reveal their personal information, further fueling the culture of cancellation and increasing the toxicity of our politics.

As vice president, Harris voted for 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 future Harris administration will likely use this increased workforce to more aggressively monitor, audit and investigate conservative groups – as the Obama administration infamously did in A scandal aimed at the tea party.

In contrast to Harris’ story, Alaska Gov. Mike Dunleavy has taken proactive measures to protect donor privacy. Through Administrative Order No. 353Dunleavy protected the privacy of nonprofit donors by ensuring that their names, addresses and contributions remained confidential. This order protects organizations and their supporters from potential harassment and intimidation that may result from public disclosure.

Governor Dunleavy’s advisory opinion reflects the importance of protecting people from armed government agencies. It protects the rights of all Americans, regardless of their beliefs or political preferences. He recognizes the need to lower the temperature of our debates and respect the fundamental dignity and constitutional rights of every citizen.

Harris would be wise to follow the governor’s example. Unfortunately, it seems she chose 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 use government agencies against the right.

Roy Siren Jr. is a donor to non-profit and political organizations and the founder of Point MacKenzie Construction and Management, Inc.

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