New FEC ruling allows Florida’s federal lawmakers to raise unlimited amounts on ballot measures

a lot of money - a million US dollars in cash

Florida’s Senators and members of the House may now raise unlimited sums to support or defeat an abortion measure on the November ballot

The Federal Election Commission issued an advisory opinion effectively eliminating any limits on federal candidates raising money regarding ballot initiatives. The decision came after a query specifically about a Nevada ballot initiative regarding abortion laws there. But the opinion impacts federal candidate activity on any ballot measure.

The opinion says candidates may raise money for advocacy groups supporting or opposing initiatives “both before and after the Initiative has qualified for the ballot, as described in the request, without regard to the amount limitations or source prohibitions.”

That reinterprets a longstanding understanding of the Federal Election Campaign Act that, since 1971, imposed restrictions when candidates appeared on the same ballot as such measures.

The May 1 advisory opinion still says candidates can’t get involved with measures with the “principal purpose” of getting out the vote or driving voter registration.

That said, many ballot measures of substance have impacts on those activities. Indeed, Democrats have said since the Florida Supreme Court approved a proposed amendment effectively reversing Florida’s six-week abortion ban that the measure puts Florida in play for the Presidential Election.

Similarly, many have speculated if a proposed amendment to allow recreational marijuana use in Florida would drive turnout in November, and Florida lawmakers may still convene a Special Session and place other initiatives on the ballot that could have political impacts.

National media have noted this clears Democratic President Joe Biden and presumptive 2024 GOP nominee Donald Trump to assist state efforts for or against ballot measures.

But the rule also allows federal candidates up for re-election this year, including U.S. Sen. Rick Scott and every member of Florida’s House delegation, to raise unlimited amounts on initiatives. That includes prolific fundraisers like U.S. Rep. Matt Gaetz, a Fort Walton Beach Republican, or U.S. Rep. Maxwell Frost, an Orlando Democrat, who both represent districts that appear safe in November based on partisan makeup.

Of note, federal restrictions did not impact another candidate who ran for federal office this year, Gov. Ron DeSantis. When he suspended his political campaign, such limits immediately dissolved. That means he could already raise unlimited amounts for and against ballot measures.