Facebook ads for Kavanaugh confirmation targeting swing states

After weeks of turmoil, the Senate is scheduled to vote on the confirmation of Supreme Court nominee Brett Kavanaugh on Friday.

A number of prominent groups have been spending heavily on Facebook advertisements supporting or opposing Kavanaugh’s confirmation. Most of these ads have been specifically targeting states with senators who have yet to publicly say how they intend to vote.

Judicial Crisis Network and Demand Justice have been spending the most on ads throughout Kavanaugh’s confirmation, including the time since sexual misconduct allegations came out against the judge. Dr. Christine Blasey Ford came forward a couple of weeks ago alleging that Kavanaugh assaulted her while the two were in high school in the 1980s.

Both Ford and Kavanaugh testified last Thursday before the Senate Judiciary Committee.

A number of other prominent groups have been spending on digital ads, but at a smaller scale: NARAL Pro-Choice America, America First Policies, the American Civil Liberties Union, Planned Parenthood and 45Committee.

Most notable, however, may be the thousands of other digital ads opposing or supporting Kavanaugh on Facebook pages that are not household names. Facebook only requires the funders of digital ads purchased on behalf of pages to be subject to a limited outside confirmation of a funder’s identity.

Without FEC filings, incorporation records, tax documents or other disclosure requirements, it is almost impossible to uncover who is actually behind many of these Facebook ads and who is funding them. Even the most secretive of other politically active groups would be subject to such documents and requirements.

Judicial Crisis Network

One ad used in both states is a video featuring Kavanaugh’s fiery testimony in response to Ford’s allegations. So far, the West Virginia version has made 100,000 to 200,000 impressions, mainly targeting older women. Since Facebook doesn’t list the exact figure spent on an ad, Judicial Crisis Network spent between 1,000 and 5,000 dollars on this ad.

In North Dakota, the same ad has reached fewer people, 50,000 to 100,000 impressions, and has mainly targeted younger men ages 25 to 34 and older women ages 65 and up. Judicial Crisis Network spent between 500 to 999 dollars.

Demand Justice

Like Judicial Crisis Network, Demand Justice’s spending would also be considered ‘dark money’ since it does not disclose donors. Demand Justice does not, however, follow the more traditional model of incorporating as a tax-exempt nonprofit organized under section 501(c) of the Internal Revenue Code, which would require it to file annual 990 tax returns and potentially other incorporation documents.

Instead, Demand Justice operates as an unincorporated entity organized by a tax-exempt fiscal sponsor. That sponsor is a 501(c)(4) nonprofit named Sixteen Thirty Fund that provides a legal home and steers money from secret donors to more than 40 different unincorporated entities that are consequently not required to file separate tax returns.

This further obscures the spending of entities like Demand Justice that fall under the umbrella of a fiscal sponsor, allowing them to essentially operate without a paper trail.

Demand Justice’s Facebook ads have also targeted certain swing states, but the group’s focus is on Maine and Alaska, which has two moderate Republican senators: Sen. Susan Collins (R-Maine) and Sen. Lisa Murkowski (R-Ala.).

As of October 4, Demand Justice has more active ads on Facebook than Judicial Crisis Network.

Other groups

NARAL previously spent thousands of dollars on now inactive ads about Kavanaugh that were directed mainly at older women in the United States.

The ad calling for North Dakota viewers to tell Heitkamp to vote in favor of Kavanaugh mainly targeted younger men.

In Colorado and West Virginia, the ads are targeting younger men and older women. The Alaska ads mostly target younger men and women of a variety of ages.

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