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Oklahoma Ethics Commission
2300 N. Lincoln Blvd., (3-27
Oklahoma City, OK 73105

RE: Amendment 2019-02 (Disclosures for printed or broadcast communications advocating for or
against pending legislation Commissioner Long)

Members of the Commission,

On behalf Action, 1 write to express sincere concern over Amendment 2019-02 - (Disclosures for
printed or broadcast communications advocating for or against pending legislation - Commissioner
Long). This language as made public yesterday evening and scheduled for a public hearing this morning,
poses serious threats to the rights of individuals to engage in the democratic process and anonymously
donate to the groups and causes they believe in.

ALEC Action is the 501c4 affiliate of the American Legislative Exchange Council (ALEC), America?s largest
nonpartisan, voluntary membership organization of state legislators that brings together state
lawmakers, business leaders and citizen organizations from around the country to develop state-based,
pro?growth models based on academic research, existing state policy and proven business practices.

From our expedited review of Amendment 2019-02, the proposal poses threats to Free Speech and
individual privacy.

While Amendment 2019-02 appears to be intended to increase transparency in lobbyist engagement,
the language of Amendment 2019-02 is drafted so broadly that individuals sharing their opinions on
legislation on their social media pages and charitable organizations engaging in normal business would,
in many cases, be forced to add a disclaimer to their communications and even disclose the names and
addresses of their donors. Not only would this violate individual privacy rights, it would subject citizens
and organizations to unclear regulations that would likely chill the speech of groups and individuals
uncertain of how to comply.

For example, in the proposal indirect lobbying is defined as ?communications made indicating support
or opposition of pending legislation made for the purpose of influencing a vote on pending legislation.?
This language is written so broadly as to implicate private citizens talking about legislation on their social
media pages. Compelling an individual to add a disclaimer to their politics-related discussions is an
unconstitutional encroachment on their First Amendment rights.

Furthermore, many charitable 501c3-designated organizations engage in legislative discourse when
relevant to their missions. These organizations also respect the rights of their donors to remain
anonymous should they so chose for religious, safety or other personal reasons. Forcing these
organizations to reveal their donors where they are impacted by these proposed amendments not only
violates charitable independence, it violates constitutional parameters long respected by the U.S.
Supreme Court since the 1958 decision in NAACP v. Alabama.

 

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The ALEC Resolution in Support of Nonprofit Donor Privacy warns of the threats to free speech that
manifest when individuai privacy is left unprotected. Government transparency is essential to the
function of good government, but so is the protection of individual privacy from government
overreach. Thank you for your consideration.

Sincerely,

Lisa B. Nelson
ALEC Action