Thursday, November 27, 2008

Nonprofit Fundraisers Challenge Utah Law Requiring Out of State Fundraiser Registration

The American Charities for Reasonable Fundraising Regulations has filed a complaint (full document) in a Utah federal district court alleging that Section 13-22-5(4) of the Utah Charitable Solicitations Act is unconstitutional.  According to the Chronicle of Philanthropy:

The complaint said the Utah requirement is burdensome, unconstitutionally stifles free speech, and is unnecessary because it duplicates federal rules. The lawsuit said many consultants that support the court filing are required by Utah to register and pay annual filing fees because charities for which they perform services send mail solicitations and educational materials to residents of the state. But, the lawsuit said, the consultants “do not have offices in Utah, do not perform services for any charity located in Utah, and do not solicit business in Utah.”

dkj

http://lawprofessors.typepad.com/nonprofit/2008/11/nonprofit-fundr.html

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