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The 85 Fund, also known as the Honest Elections Project, and formerly known as the Judicial Education Project, is a
501(c)(3) organization A 501(c)(3) organization is a United States corporation, Trust (business), trust, unincorporated association or other type of organization exempt from federal income tax under section 501(c)(3) of Title 26 of the United States Code. It is one of t ...
based in Washington D.C. The 85 Fund was “inspired by”
Arabella Advisors Arabella Advisors is a Washington, D.C.-based for-profit consulting company that advises left-leaning donors and nonprofits about where to give money and serves as the hub of a politically liberal "dark money" network. It was founded by former Cl ...
, a for-profit liberal group founded in 2005. The 85 Fund is among a network of
conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization i ...
organizations associated with
Leonard Leo Leonard A. Leo (born 1965) is an American lawyer and conservative legal activist. He was the longtime vice president of the Federalist Society and is currently, along with Steven G. Calabresi, the co-chairman of the organization's board of direc ...
, a longtime prominent figure in the
Federalist Society The Federalist Society for Law and Public Policy Studies (abbreviated as FedSoc) is an American conservative and libertarian legal organization that advocates for a textualist and originalist interpretation of the U.S. Constitution. Headquartered ...
, that are funded mostly by anonymous donors. The 85 Fund had revenue of over $65 million in 2020 and, with the
Concord Fund The Concord Fund (formally known as the Judicial Crisis Network and, before that, as the Judicial Confirmation Network) is an American conservative advocacy organization. Its president is Carrie Severino, a former law clerk for Supreme Court jus ...
, acts as a funding hub for other organizations in the Leo network.


Organization and finances

The secretary of The 85 Fund is Carrie Severino, who is the president of the
Judicial Crisis Network The Concord Fund (formally known as the Judicial Crisis Network and, before that, as the Judicial Confirmation Network) is an American Conservatism in the United States, conservative advocacy organization. Its president is Carrie Campbell Severi ...
. The 85 Fund is closely connected to
Leonard Leo Leonard A. Leo (born 1965) is an American lawyer and conservative legal activist. He was the longtime vice president of the Federalist Society and is currently, along with Steven G. Calabresi, the co-chairman of the organization's board of direc ...
, the vice president of the
Federalist Society The Federalist Society for Law and Public Policy Studies (abbreviated as FedSoc) is an American conservative and libertarian legal organization that advocates for a textualist and originalist interpretation of the U.S. Constitution. Headquartered ...
. The group's 2017 tax return listed a payment of $675,000 to the BH Group, an employer of Leo. Neil Corkery formerly served as president of the group. Between 2012 and 2017, the group raised $46 million. In 2018, more than 99% of the group's funding came from a single $7.8 million donation from
Donors Trust Donors Trust is an American nonprofit donor-advised fund. It was founded in 1999 with the goal of "safeguarding the intent of libertarian and conservative donors". As a donor advised fund, Donors Trust is not legally required to disclose the id ...
, a donor-advised fund. In 2020, The 85 Fund received $20 million in donations from
Donors Trust Donors Trust is an American nonprofit donor-advised fund. It was founded in 1999 with the goal of "safeguarding the intent of libertarian and conservative donors". As a donor advised fund, Donors Trust is not legally required to disclose the id ...
.


Expenditures

The group donated $300,000 to the
Independent Women's Forum The Independent Women's Forum (IWF) is a conservatism in the United States, conservative American non-profit organization focused on economic policy issues of concern to women.Ginni Thomas Virginia "Ginni" Thomas ( Lamp; born February 23, 1957) is an American attorney and conservative activist. In 1987, she married Clarence Thomas, who became an Associate Justice of the Supreme Court of the United States in 1991. Her conservativ ...
, wife of Supreme Court justice
Clarence Thomas Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 199 ...
, to be paid $80,000 by
Kellyanne Conway Kellyanne Elizabeth Conway ( née Fitzpatrick; born January 20, 1967) is an American political consultant and pollster, who served as Senior Counselor to the President in the administration of Donald Trump from 2017 to 2020. She was previousl ...
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." In 2020, The 85 Fund provided $750,000 in funding to the
Mercatus Center The Mercatus Center is an American Libertarianism in the United States, libertarian, free-market-oriented non-profit think tank. Located at George Mason University and directed by the American economist Tyler Cowen, the Mercatus Center works with ...
, a think tank affiliated with
George Mason University George Mason University (George Mason, Mason, or GMU) is a public research university in Fairfax County, Virginia with an independent City of Fairfax, Virginia postal address in the Washington, D.C. Metropolitan Area. The university was origin ...
. In 2020, The 85 Fund donated $1 million to the Accountability and Civics Trust Project, formerly run by
Matthew Whitaker Matthew George Whitaker (born October 29, 1969) is an American lawyer, lobbyist and politician who served as the acting United States Attorney General from November 7, 2018, to February 14, 2019. He was appointed to that position by President D ...
. The Accountability and Civics Trust Project filed a complaint to the Office of Special Council to investigate
Jennifer Granholm Jennifer Mulhern Granholm (born February 5, 1959) is a Canadian-American lawyer, educator, author, political commentator, and politician serving as the 16th United States secretary of energy since 2021. A member of the Democratic Party, she pre ...
, the current
United States Secretary of Energy The United States secretary of energy is the head of the United States Department of Energy, a member of the Cabinet of the United States, and fifteenth in the United States presidential line of succession, presidential line of succession. The po ...
. In 2020, The 85 Fund donated $2 million to the
Government Accountability Institute The Government Accountability Institute (GAI) is a conservative think-tank located in Tallahassee, Florida. GAI was founded in 2012 by Peter Schweizer and Steve Bannon with funding from Robert Mercer (businessman), Robert Mercer and family. Sc ...
, a group founded by former White House strategist
Steve Bannon Stephen Kevin Bannon (born November 27, 1953) is an American media executive, political strategist, and former investment banker. He served as the White House's chief strategist in the administration of U.S. president Donald Trump during t ...
and investigator
Peter Schweizer Peter Franz Schweizer (born November 24, 1964) is an American political consultant and writer. He is the president of the Government Accountability Institute (GAI), senior editor-at-large of far-right media organization Breitbart News, and a form ...
and chaired by
Rebekah Mercer Rebekah Mercer is an American heiress and Republican political donor who is the director of the Mercer Family Foundation. She began overseeing day-to-day operations of political projects for the Mercer family when the Mercers became involved i ...
.


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. Lawyers contracted by HEP sent letters to the secretaries of state in
Colorado Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
,
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
, and
Michigan Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
to lobby for purges of voter rolls in these states. ''
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
'' 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 Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
,
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
,
Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
, and
Minnesota Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
. 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; the suit was successful. HEP concluded that there was no widespread fraud in the
2020 United States presidential election The 2020 United States presidential election was the 59th quadrennial presidential election, held on Tuesday, November 3, 2020. The Democratic ticket of former vice president Joe Biden and the junior U.S. senator from California Kamala Ha ...
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 On January 6, 2021, following the defeat of then-U.S. President Donald Trump in the 2020 presidential election, a mob of his supporters attacked the United States Capitol Building in Washington, D.C. The mob was seeking to keep Trump in pow ...
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 The For the People Act, introduced as H.R.1, is a bill in the United States Congress intended to expand voting rights, change campaign finance laws to reduce the influence of money in politics, ban partisan gerrymandering, and create new ethi ...
. As of 2021, the executive director of HEP was Jason Snead. HEP is a proponent of the
independent state legislature theory The independent state legislature theory or independent state legislature doctrine (ISL) posits that the Constitution of the United States delegates authority to regulate federal elections within a state to that state's elected lawmakers witho ...
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 An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on ...
to the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, 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 In representative democracies, gerrymandering (, originally ) is the political manipulation of electoral district boundaries with the intent to create undue advantage for a party, group, or socioeconomic class within the constituency. The m ...
, to decide the outcome of federal elections against the will of the majority of voters.


See also

*
Donors Capital Fund Donors Capital Fund is a nonprofit United States donor-advised charity that distributes grants to conservative and libertarian organizations. Donors Capital Fund is associated with Donors Trust, another donor-advised fund. Background Donors Ca ...
*
Donors Trust Donors Trust is an American nonprofit donor-advised fund. It was founded in 1999 with the goal of "safeguarding the intent of libertarian and conservative donors". As a donor advised fund, Donors Trust is not legally required to disclose the id ...


References


External links


Honest Elections Project website
{{DEFAULTSORT:85 Fund, The Charities based in Washington, D.C. Voting in the United States 2011 establishments in Washington, D.C. Organizations established in 2011 Conservative organizations in the United States Democratic backsliding in the United States