Agency Nullification at the FEC

In a time of high scrutiny related to the voting franchise, the Federal Election Commission (FEC), the only federal agency authorized to enforce federal campaign finance laws, is so bogged down in political infighting that its authority is at risk of self-nullification. This is of special concern in a presidential election year characterized by concerns over Super PACs, corporate influence over elections in light of Citizens United, aggressive voter identification statutes, and Congressional redistricting.

The FEC’s governing body consists of six (6) Commissioners, three (3) Democrats and three (3) Republicans. As each Commissioner must be nominated by the President and approved by the Senate, the appointments system has bogged down in the same murky quagmire of Senate holds and cloture votes which has dragged the federal judiciary and the Consumer Financial Protection Bureau into the depths. Indeed, all but one of the FEC Commissioners is serving beyond his appointed term.

The problem? After the Senator Mitch McConnell (R-IL) secured the appointment of the three Republican Commissioners, campaign finance enforcement actions routinely failed in party-line, deadlocked votes. The problem is well-known in Washington and calls to action have been legion. Yet, little action has been taken on either side of Pennsylvania Avenue, as it seems President Obama doesn’t wish to invest political capital in a fight with Senator McConnell and his colleagues.

To its credit, the House of Representatives House Administration Committee has held hearings and issued subpoenas as part of its policing powers. In the end, only a reconstituted FEC can find its feet and recommence its critical mission. Let’s hope the President takes up the fight with five (5) new nominees.