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WEST VIRGINIA RECORD

Friday, March 29, 2024

Morrisey, other AGs ask Congress to protect charitable giving and donor privacy

State AG
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CHARLESTON — West Virginia Attorney General Patrick Morrisey joined 13 other state attorneys general in a letter to congressional leadership to oppose the Accelerating Charitable Efforts (ACE) Act.

Morrisey and the other AGs say, despite its stated goals of supporting charitable work, is a backdoor threat to donor privacy that would chill charitable giving. The ACE Act is S.1981 in the U.S. Senate and H.R. 6595 in the U.S. House of Representatives.

Morrisey's office says the ACE Act would revise Donor-Advised Funds (DAFs), which are used by many donors to maximize their giving. Donations to DAFs are disbursed to the charities over time, offering an immediate tax deduction to the donor while allowing the funds to grow through investment. 

“The Act’s disclosure requirements would cause donors who might otherwise anonymously contribute to a preferred charity through a DAF to not donate at all,” Morrisey said in a press release. “This harms not just the donor but the charity itself.”

DAFs have also become an important vehicle for charitable giving that protects the privacy of the donor.

“While these proposed changes are likely to chill charitable giving, there is no indication that they further any public good or prevent abuse," the May 18 letter states. "Ostensibly, these donor reporting requirements are intended to prevent donors from using their money to influence public policy without attaching their name to it.

“But DAF gifts can only be directed to 501(c)(3) organizations, which are prohibited by law from conducting significant political activities. And DAFs make anonymous giving possible for all persons, whatever their political views or ideologies might be.”

The letter was sent to Speaker Nancy Pelosi, Minority Leader Kevin McCarthy, Majority Leader Chuck Schumer and Minority Leader Mitch McConnell. It was signed by Morrisey and the AGs from Arizona, Arkansas, Georgia, Indiana, Kentucky, Mississippi, Missouri, Nebraska, Ohio, Oklahoma, South Carolina, Texas and Utah.

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