S.B. 246 broadly extends recent court-sanctioned disclosure of these communications, covering speech that discusses political issues, but does not advocate for or against candidates for office. As a result, the legislation may deter individuals from contributing to organizations by impinging on their right to freedom of association. Likewise, many small non-profit groups may find it easier to cancel communications efforts rather than struggle to meet reporting requirements.

The disclosure information required by S.B. 246 could also result in the harassment of individuals by their political opponents, and the proposed reporting thresholds for organizations speaking before the public on an issue could result in “junk disclosure” by associating a donor with a communication they have no knowledge of or may not even support.

A copy of the comments can be found here.