Koch-backed lobbying firm asks Third Circuit to halt Delaware donor transparency law

On August 10, 2026, the Koch-backed Americans for Prosperity groups asked the Third Circuit to halt the Delaware Elections Disclosure Act, which requires disclosing donors who give over $100. A federal panel of judges expressed skepticism over the groups' request for an emergency preliminary injunction, questioning why they waited nearly five years after the 2021 Supreme Court Bonta ruling to file their lawsuit. While Delaware defends its transparency interests, the plaintiffs argue the law inflicts irreparable First Amendment harm.

Third Circuit preliminary injunction hearing

• ▪U.S. District Judge Jennifer L. Hall denied a preliminary injunction in June 2026, rejecting the Americans for Prosperity groups' claim of urgency regarding the Delaware donor disclosure law.
• ▪Americans for Prosperity and the Americans for Prosperity Foundation asked the Third Circuit on August 10, 2026 to pause a Delaware law requiring advocacy groups to disclose donor names and addresses.

Delaware Elections Disclosure Act requirements

• ▪The Delaware Elections Disclosure Act requires organizations to disclose the names and addresses of donors who contribute more than $100.
• ▪Delaware state attorney Emily V. Burton argued that the Delaware Elections Disclosure Act does not limit speech freedoms but simply requires groups to disclose donors if they use donor money to speak.

Five-year delay before lawsuit

• ▪U.S. Circuit Judge Stephanos Bibas questioned why the Americans for Prosperity groups waited nearly five years after a 2021 Supreme Court ruling before challenging Delaware's regulations.
• ▪Attorney Allen J. Dickerson stated that the Americans for Prosperity groups sued shortly after deciding to run advocacy communications in Delaware, though he could not specify when that decision was made.

First Amendment donor disclosure precedent

• ▪The 2021 Supreme Court ruling in Americans for Prosperity Foundation v. Bonta restricted donor disclosure laws.
• ▪Attorney Allen J. Dickerson argued that the lack of First Amendment rights for any period of time constitutes irreparable harm, which is sufficient to show injury.

Political spending transparency interests

• ▪The Americans for Prosperity groups argued that the Delaware Elections Disclosure Act lacks a substantial relation to government interests like informing voters and deterring corruption.
• ▪Delaware state attorney Emily V. Burton argued that Delaware has a strong interest in knowing who is behind political spending in the state.

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