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Politics


FEC GREENLIGHTS UNLIMITED SPENDING FOR ABORTION, OTHER BALLOT MEASURES

By Josh Christenson

Published May 2, 2024, 4:38 p.m. ET

The Federal Election Commission (FEC) approved unlimited foreign and outside
spending for ballot initiatives nationwide on Wednesday, a move opposed by some
Republicans as Democrats have heavily relied on messaging related to abortion
referenda to turn out their votes.

The FEC’s six-person panel greenlighted a request from a Nevada-based abortion
rights group that will allow PACs and nonprofits to rake in cash for and against
ballot measures — including from overseas and so-called “dark money” donors,
which is illegal for individual candidates and their fundraising committees
under federal campaign finance law.

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A source familiar with the decision noted that all three Republicans and one
Democrat on the panel voted for the advisory opinion, including FEC chairman
Sean Cooksey, who was appointed in 2020 by former President Donald Trump.

5
Nevadans for Reproductive Freedom requested the change to solicit unlimited
funding for its political action committee and nonprofit. Facebook

Nevadans for Reproductive Freedom requested the change to solicit unlimited
funding for its political action committee and nonprofit while collecting
signatures to secure a Nov. 5 ballot initiative to enshrine abortion in the
Silver State’s constitution.

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Political candidates are also allowed to fundraise for any state-level
initiatives following the opinion — giving Democrats a potent line of attack on
abortion issues after the Supreme Court’s Dobbs decision in June 2022 overturned
Roe v. Wade.

The law firm of powerhouse Democratic elections attorney Marc Elias submitted
the request on behalf of the Nevada group in February.

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5
The FEC’s six-person panel greenlighted a request from the Nevada-based abortion
group that will allow PACs and nonprofits to rake in cash for ballot measures.
FEC

The National Republican Senatorial Committee (NRSC) opposed the move in a
comment submitted to the FEC, arguing the funding would directly influence
candidates’ elections and invite “a flood of foreign contributions into the
American political system.”

Nonprofits in particular would be “capable of conducting activities such as
voter registration and get-out-the-vote activities that may have a connection to
federal elections,” the comment adds.

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Hans Von Spakovsky, a former FEC member who manages the conservative Heritage
Foundation’s Election Law Reform Initiative, told The Post the panel “didn’t
have any choice” in approving, given Supreme Court precedent.

5
President Biden’s campaign has bet big on abortion messaging in 2024. AFP via
Getty Images

“The Supreme Court has said on several occasions the Federal Election Campaign
Act only applies to candidate elections, it does not apply to ballot referenda,”
Spakovsky said, citing the 1971 law banning foreign campaign contributions.

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“I’m sure they didn’t like issuing that opinion, but they didn’t have any
choice,” he added, before calling on states and Congress to pass laws
prohibiting foreign donors from influencing ballot measures.

Only seven states currently have laws barring foreign money from ballot
initiatives, according to Ballotpedia.

5
The campaign for Biden and Vice President Kamala Harris declared Florida was
“winnable” this November due in part to the enthusiasm generated by an
abortion-related ballot measure. Corey Perrine / USA TODAY NETWORK

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Following the Dobbs decision, more than two dozen states quickly moved to codify
a right to abortion in their constitutions — either through the legislative
process or by ballot referendums, where GOP-backed efforts have typically
underperformed.

In November, the Republican-led state of Ohio became one of a growing roster of
jurisdictions that have legalized all abortions.

New York, Maryland and Florida have all secured 2024 ballot initiatives to
expand access to the procedure, while activists in the battleground state of
Arizona are in the process of signature-gathering to do away with limits on the
procedures.

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5
Florida Gov. Ron DeSantis has ripped the abortion initiative in his state as a
“radical” step and predicted it was “going to fail.” Getty Images

On Thursday, Arizona Democratic Gov. Katie Hobbs signed legislation repealing an
1864 law outlawing most abortions, with exceptions only to spare the mother’s
health.

Arizona currently has no prohibition on foreign money going toward ballot
initiatives, but Nevada and a half dozen other states outlaw the spending.

Florida Gov. Ron DeSantis ripped the abortion initiative in his state as a
“radical” step and predicted it was “going to fail,” but President Biden and
Vice President Kamala Harris have bet big on abortion messaging in 2024, even
declaring the Sunshine State “winnable” in November.


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Filed under 2024 presidential election ,  abortion ,  arizona ,  democrats , 
federal election commission ,  florida ,  nevada ,  ohio ,  republicans ,  Ron
DeSantis ,  5/2/24

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