Advancing American Freedom led a coalition of 22 other amiciin filing an amicus brief in Rio Grande Foundation v. Oliver, a casechallenging New Mexico’s unconstitutional donor disclosure regime. The NewMexico law requires nonprofit issue advocacy organizations which engage incertain forms of communication to report sensitive donor information to thegovernment and have those donors’ identities disclosed on a government website.
Shockingly, New Mexico’s Campaign Reporting Act requiresindividuals and organizations to disclose sensitive donor information to thegovernment if they name a candidate or ballot measure within a certain periodbefore an election. This means that, unless it was willing to disclose itsdonors, Rio Grande Foundation could not mail its legislator scorecard to votersbefore the 2024 election.
New Mexico’s donor disclosure regime violates the right toanonymous association, a core tenet of the American tradition. Since before thefounding, Americans have used anonymous speech and association to advance theirsocial and political beliefs while protecting themselves from retribution andensuring that their message was judged on its merits, not the identity of itsauthor.
“Through its donor disclosure laws, New Mexico underminesthe right of organizations like Rio Grande Foundation and its members to freelyassociate and thus to partake in America’s long heritage of free and anonymouspolitical association,” said AAF General Counsel J. Marc Wheat. “Because NewMexico’s donor disclosure law burdens this fundamental right, the Court shouldgrant certiorari in this case and rule for Petitioners.”