Federal court presses pause button on N.J. ‘dark money’ donor disclosure law

TRENTON, N.J. – For now? New Jersey organizations which receive so-called ‘dark money’ can decline to disclose their donors.

On Thursday, the ACLU, Illinois Opportunity Project, and Americans for Prosperity (AFP-NJ chapter) obtained a preliminary injunction from a federal judge against Senate Bill 150, legislation signed into law by Governor Phil Murphy back in June which, effective October 15th, requires nonprofit social welfare organizations to report their donors’ personal identifying information. Thursday’s injunction allows groups like the ACLU to keep their donor’s information private while the court resolves the lawsuit challenging the law.

“S150 violates the associational and expressive rights of plaintiffs and their supporters, and chills the exercise thereof, by requiring, on pain of civil and criminal penalty, the disclosure of the names and addresses of plaintiffs’ contributors, unless plaintiffs choose to forgo speech on matters of public concern,” the complaint argues.

The defendants included New Jersey Attorney General Gurbir Grewal and New Jersey Election Law Enforcement Commission officials Eric Jasof.

The lawsuit’s plaintiff coalition reflects a rare point of agreement for the left-leaning ACLU and right-leaning AFP.

“Americans should be free to advocate for causes they believe in without retaliation by elected officials,” AFP-NJ State Director Tony Howley  said following the injunction’s grant. “We are proud to stand with a diverse mix of organizations who share a commitment to making it easier for people to engage on the issues they’re passionate about, and grateful to the Court for preserving all Americans’ First Amendment rights while this important issue is litigated.”

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