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ARTICLE · 16 MAY 2024

Windfall For State Ballot Measure Committees

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Last week the FEC issued Advisory Opinion 2024-05 that could be a game-changer for state ballot measure committees.

United StatesGovernment, Public Sector
Adie J. Olson
Adie J. Olson
Jason Abel
Jason Abel
Elizabeth Goodwin
Elizabeth Goodwin
Jennifer M. Jackson
Jennifer M. Jackson
Amanda Powell
Amanda Powell

Last week the FEC issued Advisory Opinion 2024-05 that could be a game-changer for state ballot measure committees. The opinion held that a federal candidate is permitted to contribute to a state ballot measure committee and related 501(c)(4) at any time without regard to contribution limits set by FECA ("Act"). This could result in a significant influx of cash for state committees on issues that are the hotbed of the November election.

The Nevadans for Reproductive Freedom (NFRF) maintains two entities engaged in gathering signatures to get a state constitutional initiative on the 2024 general election ballot: NFRF PAC and a related 501(c)(4) organization. The question presented is "may a federal candidate or officeholder solicit funds for NFRF (c)(4) and NFRF PAC, without regard to limitations or source restrictions both before and after the initiative qualifies for the 2024 general election ballot?" The answer was a minimally qualified "yes."

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