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CANDIDATES FOR FEDERAL OFFICE CAN RAISE UNLIMITED FUNDS FOR BALLOT MEASURES

A decision by the Federal Election Commission would allow the Biden and Trump
campaigns to raise money for outside groups pushing ballot measures.

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The Federal Election Commission’s advisory decision could ultimately help
President Biden in the general election.Credit...Stephanie Scarbrough/Associated
Press

By Maggie Haberman

 * May 5, 2024



The Federal Election Commission quietly issued an advisory opinion last week
allowing candidates to raise unlimited money for issue-advocacy groups working
on ballot measures in elections in which those candidates are on the ballot.

The opinion, issued in response to a request from a Nevada-based abortion rights
group, could significantly alter the landscape in the fall in terms of the
capacity that candidates aligned with these groups have to help them raise
money.

The decision applies to all federal candidates, but with a presidential election
taking place in six months, the biggest attention will fall to that race. If Mr.
Biden can solicit money for abortion-rights ballot measures, he can add to an
already-existing fund-raising advantage that his team currently has over Mr.
Trump.

The decision, released publicly last week but little noticed, could affect
turnout in battleground states like Nevada where razor-thin margins will
determine the election. In Arizona, an abortion rights group said it had the
number of signatures required to put a referendum on the ballot. Florida — a
state that has voted reliably for Republicans in recent presidential races — has
a similar measure on the ballot.



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The advisory opinion means that both Mr. Biden and former President Donald J.
Trump can raise money for outside groups pushing ballot measures. In the wake of
the repeal of Roe v. Wade, the landmark 1973 U.S. Supreme Court decision,
abortion ballot measures are expected to be a key focus for Democrats this fall.

“I think it’s quite significant,” said Adav Noti, of the nonpartisan Campaign
Legal Center, calling it an enormous change from prohibitions put in place by
the landmark McCain-Feingold campaign finance bill in 2002.

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Maggie Haberman is a senior political correspondent reporting on the 2024
presidential campaign, down ballot races across the country and the
investigations into former President Donald J. Trump. More about Maggie Haberman

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