The Federal Election Commission is advancing new rules that would require disclosure of donors to politically active nonprofit organizations that spend more than a threshold amount on elections. The regulations, if finalized, would pierce the anonymity that has allowed hundreds of millions of dollars in so-called dark money to influence elections without public disclosure of its ultimate sources.
The proposed rules face a divided commission and near-certain legal challenges from free speech advocates who argue the First Amendment protects donor anonymity for political contributions. Previous FEC dark money disclosure rules have been enjoined by courts pending litigation. Proponents argue that voters have a fundamental right to know who is funding the political messaging that reaches them during campaign seasons.