A conservative political group, Americans for Prosperity Foundation (APF), has requested a federal appeals court to invalidate a Delaware law that mandates the disclosure of donors for organizations involved in campaigning within the state. The law requires nonprofit groups that spend over $500 on campaigning to disclose donors who contributed at least $100 in the past four years. The appeal was heard by a three-judge panel on the U.S. Court of Appeals for the 3rd Circuit on August 10, 2026.
APF argued that the law violates the First Amendment and sought a preliminary injunction to halt its enforcement, which was denied by a federal district court. Allen Dickerson, a lawyer for APF, cited previous Supreme Court rulings that have reinforced donor privacy protections and contended that Delaware's law does not meet the necessary standards for such disclosures.
During the hearing, judges expressed skepticism about the need for an immediate injunction, questioning why the law, effective since 2012, should be halted before a full constitutional review. Dickerson maintained that the law imposes an unconstitutional condition on the right to participate in elections.
The judges also raised concerns about the broad nature of the law, which could require disclosure of donors from outside Delaware who did not specifically intend their contributions for campaigns in the state. The panel included judges appointed by Presidents George W. Bush, Donald Trump, and Bill Clinton, but did not provide an indication of when a ruling might be issued.
Recent Supreme Court decisions have struck down various campaign finance and donor disclosure laws, reinforcing First Amendment protections. The ongoing lawsuit comes ahead of significant midterm elections in November 2026, which will impact control of state legislatures and Congress.