The FEC Is Down to Three Commissioners. Here’s Why That Matters.
Last week, the Federal Election Commission lost its quorum when Commissioner Allen Dickerson resigned.
By law, the FEC is composed of six commissioners, appointed by the president and confirmed by the U.S. Senate, with no more than three commissioners from the same political party to ensure bipartisan representation. To conduct business, they need four members for a quorum.
This isn’t the first time the FEC has lost a quorum. It happened in 2019, and a full slate was appointed by December 2020. There was also a period in 2008 when the FEC only had two commissioners.
The Current Situation: Reduced to Three Commissioners
The reduction of the FEC to three commissioners has significant implications for its functionality, which plays a crucial role in overseeing the integrity of federal elections in the United States. The agency is responsible for enforcing campaign finance laws, disclosing campaign finance information, and overseeing the public funding of presidential elections.
The FEC requires a quorum of at least four commissioners to make policy decisions, issue advisory opinions, and enforce campaign finance laws. Without the ability to enforce laws, the FEC is unable to hold individuals and organizations accountable for potential violations. Additionally, the FEC can’t issue advisory opinions, which leaves political committees without clear guidance on compliance with campaign finance laws.
The lack of a full quorum limits actions that require a majority vote by the commission, such as:
Issuing new rules or guidance on existing rules
Issuing advisory opinions
Starting an audit of a campaign
Opening new investigation
Determining if a campaign finance law was violated by a committee under investigation
Levying fines to penalize committees found to be guilty
The Rules Still Apply
While the FEC might lack a quorum, the agency is still open with a full-time staff, and federal regulations still apply to political committees. When lacking a quorum, the FEC can:
Receive complaints about infractions and ruling recommendations from the general counsel.
Accept contribution and spending reports from political committees.
Continue access to and upkeep of campaign finance data through the FEC's website.
Assist political committees, the press and the public with campaign finance-related questions.
Despite the absence of a quorum, remember that filing deadlines and donation limits are enforced, and new committees must register.
It is imperative that individuals and organizations involved in federal elections remain vigilant and adhere strictly to campaign finance regulations, even during periods when the FEC is not fully functional.
A History of No Quorum
In recent history, there have been two periods when the FEC lacked a quorum. In 2008, the agency was reduced to two commissioners, and during 2019 to 2020, it only had three. As a result, the FEC was unable to make policy decisions, issue advisory opinions, or enforce campaign finance laws. This period of inactivity created a regulatory vacuum, allowing potential violations of campaign finance laws to go unaddressed and undermining public confidence in the electoral process. The FEC's inability to issue advisory opinions left candidates and political committees without clear guidance on compliance with campaign finance laws, further complicating the electoral landscape.
Restoring the Quorum: The Return to Six Commissioners
During the periods without a quorum, various campaigns and political entities took advantage by neglecting compliance with campaign finance laws due to the lack of enforcement. However, once the FEC was restored to its full complement of six commissioners, it swiftly moved to address these lapses. It quickly regained its functionality and addressed the backlog of cases that had accumulated, investigated potential violations, imposed penalties, and conducted audits.
The reinstated quorum allowed the FEC to pursue enforcement actions against those who had violated regulations during the inactive period. This resulted in several investigations, penalties, and audits, ensuring that those who had attempted to circumvent campaign finance laws were held accountable for their actions.
Lessons Learned and the Path Forward
The current reduction of the FEC to three commissioners presents significant challenges for its ability to fulfill its mandate and oversee the integrity of federal elections.
These experiences without a quorum underscore the importance of maintaining a fully functional oversight body to ensure the integrity of federal elections. The current reduction to three commissioners raises similar concerns about the potential for deadlock and the inability to effectively enforce campaign finance laws.
Lessons learned from the previous periods of inactivity highlight the need for ongoing vigilance and oversight to prevent similar situations in the future. This includes ensuring timely appointments and confirmations, maintaining a bipartisan representation, and fostering a collaborative environment among commissioners to reach consensus on critical issues.
While the absence of a quorum may temporarily hinder enforcement and oversight, it is crucial to remember that the FEC's ability to enforce the law will eventually be restored. When that occurs, the FEC will take swift and rigorous action to address any violations that occurred during its inactive period.
By maintaining compliance, candidates and political committees can avoid the repercussions of future enforcement actions and uphold the integrity of the electoral process.
