Independent expenditure committees, also known as Super PACs, will be required to disclose their donors following a successful ballot initiative in the 2022 election.
Rulemaking has not been released to provide a compliance structure to the requirement but it is likely it will mirror other jurisdictions that require donor disclosure for independent expenditure committees.
In 2022, Americans voted on 136 ballot measures in 38 states. Arizona voters approved a ballot measure this year that will amend the Arizona Constitution to require the disclosure of donors to independent expenditure committees when the committee reaches $50,000 in spending on a statewide campaign, or $25,000 on a local campaign.
Under current Arizona law, persons or committees making independent expenditures (including ballot measure expenditures) that exceed $1,000 during a reporting period, must file a disclosure report providing more details about the expenditure. These details include:
The candidate (or ballot measure) supported or opposed;
The office sought by the candidate;
The election date;
The mode of advertising for the independent expenditure;
The first date of publication, display, delivery, or broadcast of the independent expenditure.
Currently, Arizona independent expenditure committees are not required to disclose who their donors are, even when reporting expenditures. While it will take some time for a regulatory structure to be established surrounding the new reporting requirements, it is likely that it will look similar to other jurisdictions that require reporting of donors. These states typically require the reporting of all contributions received during a reporting period which can vary based on the time of year and the frequency of expenditures.