Exemptions permitting anonymous contributions and non-disclosure in ballot issue advocacy

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Ban Dark Money in Ballot Initiatives

AKA “Prohibit Undisclosed Political Influence in State Ballot Measures”


Which agency/agencies promulgated the regulation? *
Federal Election Commission (FEC); Internal Revenue Service (IRS); model adoption by state ethics commissions
Which title, parts, and/or sections of the Code of Federal Regulations (C.F.R.) should be rescinded? *
Rescind federal exemptions that permit anonymous or indirect funding in ballot initiative advocacy, including loopholes in 11 CFR Part 104 that allow shell PACs and 501(c)(4) organizations to obscure donor identities when influencing ballot measures.
What is your name?
—OPTIONAL--
Is your proposed rescission a notice of proposed rulemaking, final rule, direct final rule, interim final rule, or interpretive rule? *
Notice of Proposed Rulemaking
What is the name of the regulation being rescinded, if applicable? *
Exemptions permitting anonymous contributions and non-disclosure in ballot issue advocacy
Please provide a short summary of the justifications for the rescission. *
Anonymous and shell-funded contributions have distorted democratic processes in ballot initiatives across many states. Federal disclosure rules must be modernized to reflect the outsized influence of untraceable political funding.
Please insert the address of the agency. [NPRM, DFR, and IFR only]
Federal Election Commission 1050 First Street NE Washington, DC 20463
Please insert the contact information for the agency. *
(202) 694-1100
What is the background for the regulation being rescinded? *
Following Citizens United, unlimited funds have poured into ballot campaigns through nonprofit intermediaries and shell PACs. These campaigns often sway elections without disclosing the true source of their funding, particularly in state-level referenda where FEC oversight is limited
Explain the reasons for the rescission. *
To preserve democratic integrity, all organizations engaging in ballot issue advocacy that exceed $10,000 in expenditures must disclose their top funders and organizational affiliations. Without visibility into financial influence, public trust is eroded and election outcomes distorted.
Describe the text of the relevant C.F.R. provisions as it will exist after the rescission. *
All entities spending more than $10,000 on ballot initiative advocacy—regardless of tax status—must disclose the identities of donors contributing more than $5,000 and the organization’s controlling affiliations. Disclosures must be made publicly available within 72 hours of ad placement or material distribution.
Please insert the name of the current agency head. *
Vacant
Please insert the title of the agency head. *
Chair, Federal Election Commission

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