The 85 Fund

{{Short description|501(c)(3) organization based in Washington D.C.}}

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| formation = {{start date and age|2011}}

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| type = 501(c)3 organization

| tax_id = 20-2466871

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| headquarters = Washington, D.C., U.S.

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| key_people = Leonard Leo

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| affiliations = Concord Fund
CRC Advisors

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| formerly = Judicial Education Project

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{{Conservatism US|expanded=other organizations}}

The 85 Fund, also known as the Honest Elections Project, and formerly known as the Judicial Education Project,{{Cite web |date=2020-05-27 |title=Revealed: conservative group fighting to restrict voting tied to powerful dark money network |url=http://www.theguardian.com/us-news/2020/may/27/honest-elections-project-conservative-voting-restrictions |access-date=2020-10-25 |website=The Guardian |language=en}}{{Cite web|last=Swan|first=Jonathan|title=Leonard Leo to shape new conservative network, step aside from the Federalist Society|url=https://www.axios.com/leonard-leo-crc-advisors-federalist-society-50d4d844-19a3-4eab-af2b-7b74f1617d1c.html|access-date=2020-10-25|website=Axios|language=en}} is a 501(c)(3) organization based in Washington D.C. It is among a network of conservative organizations associated with Leonard Leo, a longtime prominent figure in the Federalist Society, that are funded mostly by anonymous donors. The 85 Fund had revenue of over $65 million in 2020 and, with the Concord Fund, acts as a funding hub for other organizations in the Leo network.{{cite news |author1=Colby Itkowitz |author2=Isaac Stanley-Becker |date=July 1, 2022 |title=Democracy advocates raise alarm after Supreme Court takes election case |newspaper=The Washington Post |url=https://www.washingtonpost.com/politics/2022/07/01/democracy-advocates-raise-alarm-after-supreme-court-takes-election-case/}}{{cite news |last1=Vogel |first1=Kenneth P. |date=October 12, 2022 |title=Leonard Leo's Network Is Increasingly Powerful. But It Is Not Easy to Define |work=The New York Times |url=https://www.nytimes.com/2022/10/12/us/politics/leonard-leo-network.html}}

As the Honest Elections Project, it participated in lawsuits during the 2020 United States presidential election and ran advertisements against mail-in voting. It is a proponent of the independent state legislature theory that posits state legislatures have sole authority to establish and enforce state election laws and rules.{{Cite news |last=Wang |first=Hansi Lo |date=August 12, 2022 |title=This conservative group helped push a disputed election theory |work=National Public Radio |url=https://www.npr.org/2022/08/12/1111606448/supreme-court-independent-state-legislature-theory-honest-elections-project}} Leo has said that the fund-raising prowess of Arabella Advisors, a liberal consulting firm, was an inspiration for the 85 Fund to serve a similar function on the right.

Organization and finances

The secretary of The 85 Fund is Carrie Severino, who is the president of the Concord Fund. Both funds are closely connected to Leonard Leo, the chairman of CRC Advisors and former vice president of the Federalist Society.{{Cite web |last1=Slodysko |first1=Brian |last2=Beaumont |first2=Thomas |date=2020-07-27 |title=Wealthy donors pour millions into fight over mail-in voting |url=https://apnews.com/article/virus-outbreak-donald-trump-ap-top-news-elections-voting-88aac5da244eb615df36ae868db3a6a0 |access-date=2020-10-25 |website=AP News}}{{Cite web |last=Schwartz |first=Brian |date=2021-01-13 |title=Dark-money GOP fund funneled millions of dollars to groups that pushed voter fraud claims |url=https://www.cnbc.com/2021/01/13/dark-money-gop-fund-funneled-millions-groups-that-pushed-voter-fraud-claims.html |access-date=2021-12-12 |website=CNBC |language=en}}{{Cite web |last=Schwartz |first=Brian |date=2021-11-18 |title=Trump ally's fund received over $20 million last year, then funneled cash to other right-leaning groups |url=https://www.cnbc.com/2021/11/18/trump-ally-leonard-leo-85-fund-received-20-million-in-2020.html |access-date=2021-12-12 |website=CNBC |language=en}}{{Cite web |last=Riccardi |first=Nicholas |date=March 2, 2021 |title=Conservative group pushes proposals to tighten voting laws |url=https://apnews.com/article/donald-trump-voting-voting-rights-elections-us-news-6ad139a7299bbc524fbcc9d2233ea1b2 |website=Associated Press}} The group's 2017 tax return listed a payment of $675,000 to the BH Group, an employer of Leo.{{Cite web|date=2020-01-02|title=Trump judicial adviser's 'dark money' network hides Supreme Court spending|url=https://www.opensecrets.org/news/2020/01/supreme-court-wellspring-committee-stry-2020/ | publisher=OpenSecrets}} Neil Corkery formerly served as president of the group.{{Cite web|title=An influential 'dark money' group turns off the lights for the last time|url=https://www.opensecrets.org/news/2019/05/an-influential-dark-money-group-turns-off-the-lights-for-the-last-time/| publisher=OpenSecrets}}

Between 2012 and 2017, the group raised $46 million.{{Cite web|last1=Suozzo|first1=Andrea|last2=Glassford|first2=Alec|last3=Ngu|first3=Ash|last4=Roberts|first4=Brandon|title=Judicial Education Project - Nonprofit Explorer|url=https://projects.propublica.org/nonprofits/organizations/202466871|access-date=2020-10-25|website=ProPublica|language=en}} In 2018, more than 99% of the group's funding came from a single $7.8 million donation from Donors Trust, a donor-advised fund.{{Cite web|title=Conservative 'dark money' network rebranded to push voting restrictions before 2020 election|url=https://www.opensecrets.org/news/2020/05/conservative-dark-money-network-voting-restrict/| publisher=OpenSecrets}} In 2020, The 85 Fund received $20 million in donations from Donors Trust.

Leo is a powerful figure in fund-raising and expertise for the American conservative movement. He has said that the 85 Fund was inspired by the fund-raising of Arabella Advisors, a liberal consulting firm that advises donors.

Politico reported in August 2023 that Attorney General for the District of Columbia Brian Schwalb was investigating Leo and his network of nonprofit groups. Schwalb's office did not confirm or deny the existence of a probe.{{cite news |last1=Przybyla |first1=Heidi |date=August 22, 2023 |title=D.C. Attorney General is probing Leonard Leo's network |work=Politico |url=https://www.politico.com/news/2023/08/22/d-c-attorney-general-is-probing-leonard-leos-network-00112331}}

Expenditures

The group donated $300,000 to the Independent Women's Forum, a conservative nonprofit organization.

In 2011 and 2012, Leonard Leo arranged for Liberty Consulting, a firm owned by Ginni Thomas, wife of Supreme Court justice Clarence Thomas, to be paid $80,000 by Kellyanne Conway and her firm The Polling Company, billed to the Judicial Education Project. Leo directed Conway not to mention Ginni Thomas in the paperwork. Leo told The Washington Post, "As an advisor to JEP I have long been supportive of its opinion research relating to limited government, and The Polling Company, along with Ginni Thomas's help, has been an invaluable resource for gauging public attitudes." He also said "Knowing how disrespectful, malicious and gossipy people can be, I have always tried to protect the privacy of Justice Thomas and Ginni."{{cite news |author1=Emma Brown |author2=Shawn Boburg |author3=Jonathan O'Connell |date=May 4, 2023 |title=Judicial activist directed fees to Clarence Thomas's wife, urged 'no mention of Ginni' |newspaper=The Washington Post |url=https://www.washingtonpost.com/investigations/2023/05/04/leonard-leo-clarence-ginni-thomas-conway/}}

In 2020, The 85 Fund provided $750,000 in funding to the Mercatus Center, a think tank affiliated with George Mason University.

In 2020, The 85 Fund donated $1 million to the Accountability and Civics Trust Project, formerly run by Matthew Whitaker.{{Cite web|last=Bronstein|first=Scott|title=Whitaker ran conservative group funded by dark money|url=https://www.cnn.com/2018/11/09/politics/matthew-whitaker-dark-money/index.html|access-date=2021-12-12|website=CNN}} The Accountability and Civics Trust Project filed a complaint to the Office of Special Council to investigate Jennifer Granholm, the current United States Secretary of Energy.

In 2020, The 85 Fund donated $2 million to the Government Accountability Institute, a group founded by former White House strategist Steve Bannon and investigator Peter Schweizer and chaired by Rebekah Mercer.

In September 2024, Leo wrote to recipients of 85 Fund grants to say that he was conducting a "comprehensive review" to determine whether recipients are being assertive enough to "operationalize or weaponize the conservative vision" to "crush liberal dominance at the choke points of influence and power in our society."{{cite news |last1=Nichols |first1=Hans |title=Scoop: Activist Leonard Leo pushes to "weaponize" conservatives |url=https://www.axios.com/2024/09/12/leonard-leo-conservative-groups-funding |work=Axios |date=September 12, 2024}}

Honest Elections Project

In April 2020, the Honest Elections Project (HEP) announced it was launching a week-long $250,000 digital and television ad campaign on Fox News, MSNBC, and CNN against mail-in voting.{{Cite web|last=Caldwell|first=Leigh Ann |title=Conservative group to launch ads opposing mail-in voting|url=https://www.nbcnews.com/politics/meet-the-press/blog/meet-press-blog-latest-news-analysis-data-driving-political-discussion-n988541|access-date=2020-10-25|website=www.nbcnews.com|language=en}}

Lawyers contracted by HEP sent letters to the secretaries of state in Colorado, Florida, and Michigan to lobby for purges of voter rolls in these states. The Guardian reported that these letters used "misleading data to accuse jurisdictions of having bloated voter rolls" and threatened legal action. HEP filed legal briefs in favor of voting restrictions in Nevada, Virginia, Texas, and Minnesota.{{Cite news|last=Marimow|first=Ann E.|title=Coming to Trump's defense: An unconventional lawyer for an unconventional president|language=en-US|newspaper=Washington Post|url=https://www.washingtonpost.com/local/legal-issues/coming-to-trumps-defense-an-unconventional-lawyer-for-an-unconventional-president/2019/08/21/f877214a-9382-11e9-aadb-74e6b2b46f6a_story.html|access-date=2020-10-25|issn=0190-8286}}

In 2020, The 85 Fund provided $70,000 in funding to HEP.

In September 2020, HEP was involved in legal action concerning whether mail-in ballots that were postmarked before the election but arrived up to 14 days after it should be counted;{{Cite web |last=Mauger |first=Craig |title=Former GOP Michigan secretaries of state sue over plan to count late arriving ballots |url=https://www.detroitnews.com/story/news/politics/2020/09/29/ex-secretaries-state-sue-over-plan-count-late-arriving-ballots/3574392001/ |access-date=2021-12-12 |website=The Detroit News |language=en-US}} the suit was successful.{{Cite news|last=Corse|first=Alexa|date=2020-10-17|title=Michigan Court Rescinds 14-Day Extension for Receipt of Mail Ballots|language=en-US|work=Wall Street Journal|url=https://www.wsj.com/articles/michigan-court-rescinds-14-day-extension-for-receipt-of-mail-ballots-11602897900|access-date=2021-12-12|issn=0099-9660}}

HEP concluded that there was no widespread fraud in the 2020 United States presidential election and did not participate in any litigation to try to challenge or overturn the election results. HEP issued a statement criticizing the 2021 United States Capitol attack that occurred on January 6, saying: "The violent insurrection at the Capitol was a heinous attack against democracy, the rule of law, and the election system HEP was created to defend."

In May 2021, HEP lobbied against H.R. 1, also known as the For the People Act.{{Cite web|last=Lejeune|first=Tristan|date=2021-03-23|title=Conservative group says polling shows Democrats' voting rights bill 'out of sync with American voters'|url=https://thehill.com/homenews/senate/544430-conservative-group-says-polling-shows-dems-voting-rights-bill-out-of-sync|access-date=2021-12-12|website=TheHill|language=en}} As of 2021, the executive director of HEP was Jason Snead.{{Cite news|last=Corasaniti|first=Nick|date=2021-12-04|title=Voting Battles of 2022 Take Shape as G.O.P. Crafts New Election Bills|language=en-US|work=The New York Times|url=https://www.nytimes.com/2021/12/04/us/politics/gop-voting-rights-democrats.html|access-date=2021-12-12|issn=0362-4331}}

HEP is a proponent of the independent state legislature theory that posits state legislatures have sole authority to establish and enforce state election laws and rules, without judicial or executive review. It has argued the doctrine in amicus briefs to the United States Supreme Court, which in June 2022 decided to hear a case brought by North Carolina Republicans during its next session beginning in October 2022. Critics of the doctrine said it might allow state legislatures controlled by one party, commonly made possible through gerrymandering, to decide the outcome of federal elections against the will of the majority of voters.{{cite news |title=Democracy advocates raise alarm after Supreme Court takes election case |url=https://www.washingtonpost.com/politics/2022/07/01/democracy-advocates-raise-alarm-after-supreme-court-takes-election-case/ |newspaper=The Washington Post |date=July 1, 2022|author1=Colby Itkowitz|author2=Isaac Stanley-Becker }}

HEP has been described as an alias of the Judicial Education Project and the 85 Fund.

HEP has led advocacy efforts against ranked choice voting.{{Cite web |last=Lueders |first=Bill |title=The Problem With ‘Guarding’ the Vote |url=https://plus.thebulwark.com/p/the-problem-with-guarding-the-vote |access-date=2024-01-26 |website=plus.thebulwark.com |language=en}}{{Cite web |title=Bill looks to ban ranked-choice voting in the Buckeye State |url=https://spectrumnews1.com/oh/columbus/politics/2024/01/02/ranked--choice--voting--ohio--senate--committee |access-date=2024-01-26 |website=spectrumnews1.com |language=en}}

HEP is a member of the advisory board of Project 2025,{{Cite web |title=Advisory Board |url=https://www.project2025.org/about/advisory-board/ |url-status=live |archive-url=https://web.archive.org/web/20231119034220/https://www.project2025.org/about/advisory-board/ |archive-date=November 19, 2023 |access-date=July 8, 2024 |publisher=The Heritage Foundation}} a collection of conservative and right-wing policy proposals from the Heritage Foundation to reshape the United States federal government and consolidate executive power should the Republican nominee win the 2024 presidential election.{{Cite news |last=Mascaro |first=Lisa |date=August 29, 2023 |title=Conservative Groups Draw Up Plan to Dismantle the US Government and Replace It with Trump's Vision |url=https://apnews.com/article/election-2024-conservatives-trump-heritage-857eb794e505f1c6710eb03fd5b58981 |url-status=live |archive-url=https://web.archive.org/web/20230922112031/https://apnews.com/article/election-2024-conservatives-trump-heritage-857eb794e505f1c6710eb03fd5b58981 |archive-date=September 22, 2023 |access-date=July 8, 2024 |work=Associated Press News}}

See also

References

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