The 85 Fund (formerly the Judicial Education Project) is a nonprofit organization that supports largely right-of-center and conservative organizations that educate the public on issues like constitutionalism, limited government, and religious liberty. 1 The 85 Fund aims to support education and activities promoting structural limits on government power as a means to protect individuals’ dignity and freedoms. 2
The New York Times describes the 85 Fund as a “dark money” group and claims that it is led by allies of right-of-center legal activist Leonard Leo. 3 According to its tax filings, the 85 Fund paid CRC Advisors, a consultancy for which Leonard Leo sits as chair of the board, 4 $21.7 million in 2021 for public affairs consulting. 5
The 85 Fund operates and finances the Honest Elections Project. 6
Grantmaking
The 85 Fund provides grants to organizations that promote and educate the public about constitutionalism, limited government, and religious liberty. In 2021, the 85 Fund made substantial grants to largely conservative organizations like the Federalist Society ($3.55 million) and the Ethics and Public Policy Center ($1.38 million), along with contributions to DonorsTrust ($71.1 million), a donor-advised-fund (DAF) provider that funds right-leaning policy organizations. 7
Funding
The 85 Fund is funded by donations from individuals, foundations, and businesses. While the 85 Fund does not disclose its donors, tax filings confirm donations from DonorsTrust ($10.5 million in 2019), 8 the Bradley Impact Fund ($2.5 million in 2020), 9 and the National Christian Charitable Foundation ($2 million in 2020). 10
Board of Directors
Todd Graves is the chair of the board of the 85 Fund. Graves sits on the board of Ballotpedia, is a founding board member of the Kansas City Missouri Police Foundation, and is the board chair of the Stanley M. Herzog Foundation. Graves is a former U.S. Attorney for the Western District of Missouri. 11
Gary Marx is the treasurer of the board of the 85 Fund and a cofounder and executive director of the Judicial Crisis Network. 12
Carrie Severino is the secretary of the board of the 85 Fund and the president of the Judicial Crisis Network. 13
References
- The 85 Fund, Return of Organization Exempt from Income Tax (Form 990), 2019, Part III, Line 4a.
- The 85 Fund, Return of Organization Exempt from Income Tax (Form 990), 2019, Part I, Line 1.
- Vogel, Kenneth P. “Leonard Leo’s Network Is Increasingly Powerful. But It Is Not Easy to Define.” The New York Times, October 12, 2022. Accessed March 9, 2023. https://www.nytimes.com/2022/10/12/us/politics/leonard-leo-network.html.
- CRC Advisors, Inc.” Open Corporates. Accessed March 9, 2023. https://opencorporates.com/companies/us_va/03430998.
- The 85 Fund, Return of Organization Exempt from Income Tax (Form 990), 2021, Schedule O, Statement 1.
- “Honest Elections Project.” Ballotpedia. Accessed March 9, 2023. https://ballotpedia.org/Honest_Elections_Project.
- The 85 Fund, Return of Organization Exempt from Income Tax (Form 990), 2021, Schedule I, Part II.
- DonorsTrust, Return of Organization Exempt from Income Tax (Form 990), 2019, Schedule I, Part II.
- Bradley Impact Fund, Return of Organization Exempt from Income Tax (Form 990), 2020, Schedule I, Part II.
- National Christian Charitable Foundation, Return of Organization Exempt from Income Tax (Form 990), 2020, Schedule I, Part II.
- “Todd P. Graves.” Graves Garrett LLC. Accessed March 9, 2023. https://www.gravesgarrett.com/member/todd-p-graves/.
- “Gary Marx.” Judicial Crisis Network. Accessed March 9, 2023. https://judicialnetwork.com/in-the-news/gary-marx-2/.
- “Carrie Severino.” The Federalist Society. Accessed March 9, 2023. https://fedsoc.org/contributors/carrie-severino.