California Attorney General Accused of Unfairly Targeting Conservative Group

12/12/2014

The conservative Americans for Prosperity Foundation filed a First Amendment lawsuit against California Attorney General Kamala Harris accusing her of engaging in unfair targeting of conservative nonprofits, the San Diego Union-Tribune reports.

[T]he Americans for Prosperity Foundation is saying the state of California is improperly demanding information about its donors – and is threatening unusually harsh penalties if the group doesn’t comply. One other conservative group has filed a separate lawsuit against the attorney general, which is now in the Ninth Circuit.

Tax-exempt charitable groups are required to file an annual report (Form 990) with the IRS and a separate form (Schedule B) listing the names and addresses of people who donate more than $5,000 in one year. The 990 is a public document – but the IRS must keep the donor information private.

Like some other states, California requires these groups to register with the attorney general every year. In its lawsuit, the AFP Foundation says it has been filing its 990 with the state every year since 2001. But recently Harris’ office rejected the report as incomplete because it doesn’t include the donor lists. This appears to be a new policy.

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