The Senate is expected to consider HB 748, a bill that would address several campaign finance issues.
Since the latest version of the bill was just released, it is difficult to say anything with certainty, but I provide these initial thoughts after a quick review:
1) Bloggers (and all Internet media) may want to pay attention to this bill.
The legislature would define “electioneering communications” to include Internet communications. It is possible that blogs that do political analysis will have to do extensive reporting to a board of elections.
It is worth noting that the bill exempts broadcast and print media from this requirement, but not Internet media.
See: Existing definition of electioneering communications.
2) The bill requires that nonprofits report personal information on anyone who even suggests that their money be used for political advocacy (including electioneering communications). This personal information must be disclosed to anyone who requests it.
3) This could be a bill drafting error, but as drafted, a strong case could be made that the bill requires nonprofits to disclose membership lists. This would be unconstitutional (See NAACP v. Alabama).
(Section 9 of the bill refers to “donors” but doesn’t clarify that “donors” means only those donors giving money for political advocacy. When “donors” is defined in previous sections of the bill, those sections specifically state that the definition is for purposes of those sections only).
