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The Federal Election Commission (FEC) is an
independent regulatory agency A regulatory agency (regulatory body, regulator) or independent agency (independent regulatory agency) is a government authority that is responsible for exercising autonomous dominion over some area of human activity in a licensing and regulatin ...
of the United States whose purpose is to enforce campaign finance law in United States federal elections. Created in 1974 through amendments to the
Federal Election Campaign Act The Federal Election Campaign Act of 1971 (FECA, , ''et seq.'') is the primary United States federal law regulating political campaign fundraising and spending. The law originally focused on creating limits for campaign spending on communicatio ...
, the commission describes its duties as "to disclose campaign finance information, to enforce the provisions of the law such as the limits and prohibitions on contributions, and to oversee the public funding of Presidential elections." The commission was unable to function from late August 2019 to December 2020, with an exception for the period of May 2020 to July 2020, due to lack of a quorum. In the absence of a quorum, the commission could not vote on complaints or give guidance through advisory opinions. As of May 19, 2020, there were 350 outstanding matters on the agency's enforcement docket and 227 items waiting for action. In December 2020, three commissioners were appointed to restore a quorum; however, deadlocks arising from the equal number of members from the Republican and Democratic parties with the absence of a tie-breaking vote has resulted in some controversial investigations being not pursued.


History and membership


History

The FEC was established in 1974, in an amendment of the
Federal Election Campaign Act The Federal Election Campaign Act of 1971 (FECA, , ''et seq.'') is the primary United States federal law regulating political campaign fundraising and spending. The law originally focused on creating limits for campaign spending on communicatio ...
(FECA), to enforce and regulate campaign finance law.Padilla-Babilonia, Alvin. "Reforming the Federal Election Commission: Storable Voting." ''Wyo. L. Rev.'' 20 (2020): 287. Initially, its six members were to be appointed by both houses of Congress and the President, reflecting a strong desire for Congress to retain control. Two commissioners were to be appointed by the
President pro tempore A president pro tempore or speaker pro tempore is a constitutionally recognized officer of a legislative body who presides over the chamber in the absence of the normal presiding officer. The phrase ''pro tempore'' is Latin "for the time being". ...
of the Senate and two by the Speaker of the House of Representatives, each upon recommendation by the respective majority and minority leaders in that chamber, and the last two appointed by the President. They were to be confirmed by both Houses of Congress, rather than only by the Senate. The appointment process was invalidated in 1976, in ''
Buckley v. Valeo ''Buckley v. Valeo'', 424 U.S. 1 (1976), was a landmark decision of the US Supreme Court on campaign finance. A majority of justices held that, as provided by section 608 of the Federal Election Campaign Act of 1971, limits on election expenditure ...
'', when the Supreme Court held that the commissioners of the FEC were "Officers of the United States" under the Appointments Clause, and must be nominated by the President and confirmed by the Senate. Congress then amended the FECA to comply with ''Buckley'' and now the six FEC commissioners are nominated by the President and confirmed by the Senate. Since 1990, the FEC has grown more polarized, with considerable deadlocks in decision-making.


Commissioners

The commission consists of six commissioners appointed by the president and confirmed by the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
. Each commissioner is appointed for a six-year term, but each ending on April 30. Two commissioners are appointed every two years. However, commissioners continue to serve after their terms would expire until a replacement is confirmed, but may resign at any time. By law, no more than three commissioners can be members of the same political party. The commission had fewer than six commissioners for several years after the resignation of
Ann Ravel Ann Miller Ravel (born April 6, 1949) is an American attorney who was a Democratic Commissioner on the Federal Election Commission (FEC), an independent regulatory agency created by Congress to administer and enforce campaign finance law. Ravel ...
(Democratic) in March 2017. President Donald Trump nominated
James E. Trainor III James Edwin "Trey" Trainor III is an American Republican lawyer and government official. He became a member of the Federal Election Commission after President Donald Trump nominated him and the Senate confirmed him. He served as chair of the com ...
(Republican) on September 14, 2017, for a term expiring on April 30, 2023, to enable replacement for
Lee Goodman Lee E. Goodman (born March 29, 1964) was a member and former chair of the Federal Election Commission (FEC), an independent regulatory agency created by Congress to administer and enforce campaign finance law. Biography Goodman was born on March ...
(Republican), who resigned in February 2018, creating a second vacancy. When
Matthew Petersen Matthew Andrew Petersen (born 27 March 1980) is a former United States international rugby league footballer who played for the Wakefield Trinity Wildcats in the Super League. He also played for the Gold Coast Titans in the NRL. His position o ...
(Republican) resigned on August 31, 2019, the commission had only three commissioners, and was unable to conduct most of its regulatory and decision-making functions due to lack of a quorum. Trainor was confirmed by the Senate on May 19, 2020, restoring the commission's quorum of four. One meeting was held online, due to the coronavirus pandemic, on June 18, 2020. On June 25, however,
Caroline Hunter Caroline Hunter (born September 5, 1946, in New Orleans, Louisiana) is an anti-apartheid activist, chemist and educator. She co-founded the Polaroid Revolutionary Workers Movement which petitioned the Polaroid corporation to end its support of t ...
(Republican) resigned, effective July 3, with the result that the commission once again lacked a quorum. On December 9, three new members were confirmed by the Senate. The chair of the commission rotates among the commissioners each year, with no commissioner serving as chair more than once during a six-year term. However, a commissioner may serve as chair more than once if they serve beyond the six-year mark and no successor is appointed; for example,
Ellen L. Weintraub Ellen L. Weintraub is an American attorney who serves as a Commissioner on the Federal Election Commission. Career Ellen Weintraub began her career in private practice as a litigator with the New York firm of Cahill Gordon & Reindel. Weintr ...
(Democratic) was chair in 2003, 2013 and 2019. The chair of the commission in 2022 is
Allen Dickerson Allen Joseph Dickerson is an American attorney who is serving as Chairman of the Federal Election Commission (FEC) for 2022. He has been a Republican member of the FEC since December 17, 2020. Education Dickerson received his undergraduate degr ...
, who was elected in December 2021, succeeding
Shana Broussard Shana M. Broussard is an American attorney who served as the chair of the Federal Election Commission (FEC) for 2021. She has been a Democratic member of the FEC since December 15, 2020. Early life and education Broussard was born on the Va ...
.


Official duties


Duties

The FEC administers federal campaign finance laws. It enforces limitations and prohibitions on contributions and expenditures, administers the reporting system for campaign finance disclosure, investigates and prosecutes violations (investigations are typically initiated by complaints from other candidates, parties, watchdog groups, and the public), audits a limited number of campaigns and organizations for compliance, and administers the presidential public funding programs for presidential candidates. Until 2014, the FEC was also responsible for regulating the nomination of conventions, and defends the statute in challenges to federal election laws and regulations. The FEC also publishes reports, filed in the Senate, House of Representatives and presidential campaigns, that list how much each campaign has raised and spent, and a list of all donors over $200, along with each donor's home address, employer and job title. This database also goes back to 1980. Private organizations are legally prohibited from using this data to solicit new individual donors (and the FEC authorizes campaigns to include a limited number of "dummy" names as a measure to prevent this), but may use this information to solicit political action committees. The FEC also maintains an active program of public education, directed primarily to explaining the law to the candidates, their campaigns, political parties and other political committees that it regulates.


Procedures and deadlock

The most significant powers of the FEC require an affirmative vote. These powers include the ability to conduct investigations, report misconduct to law enforcement, pursue settlements with candidates, and to bring a civil action in court to enforce campaign finance regulations. The FEC can also publish advisory opinions on campaign finance issues and issue campaign finance regulations. Under the statute, there is an even number of commissioners with no more than three commissioners being members of the same political party. However, there is no tie-breaking process, such as by the chair. In addition, there is a quorum requirement of four commissioners. This results in four of the six commissioners being required for a FEC decision, which in turn means that on controversial issues bipartisan support is required for a decision. Critics have argued that the even number of commissioners and the supermajority requirement was a "set up for deadlock and political shenanigans," especially in an age of polarization. Between 1996 and 2006, the FEC tied in only 2.4% of Matters Under Review (MURs). In 2008 and 2009, such deadlocks spiked to 13% and to 24.4% in 2014. By 2016, commissioners deadlocked on more than 30% of substantive votes and consequently enforcement intensity decreased significantly.


Criticism


Campaign finance

Critics of the FEC, including many former commissioners and
campaign finance reform Campaign finance reform may refer to: * Reform of campaign finance Campaign finance, also known as election finance or political donations, refers to the funds raised to promote candidates, political parties, or policy initiatives and referen ...
supporters, have harshly complained of the FEC's impotence, and accused it of succumbing to
regulatory capture In politics, regulatory capture (also agency capture and client politics) is a form of corruption of authority that occurs when a political entity, policymaker, or regulator is co-opted to serve the commercial, ideological, or political interests ...
where it serves the interests of the ones it was intended to regulate. The FEC's bipartisan structure, which was established by Congress, renders the agency "toothless." Critics also claim that most FEC penalties for violating
election law Election law is a branch of public law that relates to the democratic processes, election of representatives and office holders, and referendums, through the regulation of the electoral system, voting rights, ballot access, election management b ...
come well after the actual election in which they were committed. Additionally, some critics claim that the commissioners tend to act as an arm of the "regulated community" of parties, interest groups, and politicians when issuing rulings and writing regulations. Others point out, however, that the commissioners rarely divide evenly along partisan lines, and that the response time problem may be endemic to the enforcement procedures established by Congress. To complete steps necessary to resolve a complaint – including time for defendants to respond to the complaint, time to investigate and engage in legal analysis, and finally, where warranted, prosecution – necessarily takes far longer than the comparatively brief period of a political campaign.


First Amendment issues

Critics including former FEC chairman Bradley Smith and Stephen M. Hoersting, former executive director of the
Center for Competitive Politics The Institute for Free Speech (IFS), formerly called the Center for Competitive Politics, is a 501(c)(3) non-profit organization formerly headquartered in Alexandria, Virginia, and now in Washington, D.C. IFS' mission is to "promote and defend the ...
, criticize the FEC for pursuing overly aggressive enforcement theories that amount to an infringement on the First Amendment right to free speech. Division over the issue became especially prominent during the last several years of the Obama administration. Commissioners deadlocked on several votes over whether to regulate Twitter, Facebook, and other online mediums for political speech, as well as a vote to punish Fox News for the selection criteria it used in a presidential debate.


Deadlocks

Critics of the commission also argue that the membership structure regularly causes deadlocks on 3-3 votes, but others argue that deadlocks are actually quite rare, and typically based on principle rather than partisanship. Since 2008, 3-3 votes have become more common at the FEC. From 2008 to August 2014, the FEC has had over 200 tie votes, accounting for approximately 14 percent of all votes in enforcement matters. On May 6, 2021, the FEC closed an inquiry into whether the payment to Stormy Daniels by Donald Trump violated campaign financial law during the 2016 election. The FEC voted 2-2, between Democrats and Republicans, against a motion to take further action. Republican Vice Chairman Allen Dickerson recused himself, while independent Commissioner Steven Walther did not vote. Similarly, in June 2021, the FEC found that '' National Enquirer'' violated US election laws and $150,000 paid by AMI to Karen McDougal amounted to an illegal campaign contribution. Publisher AMI agreed to a fine of $187,500. However, the FEC divided 3-3 on party lines on a motion to pursue further investigation into Donald Trump, thus closing the investigation.


Commissioners


Current


Vacancies and pending nominations


Former commissioners and chairmen

Source: * Joan D. Aikens – April 1975 – September 1998 (reappointed May 1976, December 1981, August 1983 and October 1989). *
Thomas B. Curtis Thomas Bradford Curtis (May 14, 1911 – January 10, 1993) was an American Republican politician from Missouri who represented suburban St. Louis County, Missouri for nine terms from 1951 to 1969. He was a primary driver behind the Civil Rights ...
– April 1975 – May 1976. * Thomas E. Harris – April 1975 – October 1986 (reappointed May 1976 and June 1979). * Neil O. Staebler – April 1975 – October 1978 (reappointed May 1976). *
Vernon W. Thomson Vernon Wallace Thomson (November 5, 1905 – April 2, 1988) was an American attorney and politician who served as the 34th Governor of Wisconsin from 1957 to 1959. Early life and education Vernon Thomson was born in Richland Center, Wisconsin. ...
– April 1975 – June 1979; January 1981 – December 1981 (reappointed May 1976). * Robert Tiernan – April 1975 – December 1981 (reappointed May 1976). *
William L. Springer William Lee Springer (April 12, 1909 – September 20, 1992) was a United States House of Representatives, U.S. Representative from Illinois. Born in Sullivan, Indiana, Springer attended the public schools and Sullivan and Culver Military Acad ...
– May 1976 – February 1979. *
John Warren McGarry John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second ...
– October 1978 – August 1998 (reappointed July 1983 and October 1989). * Max L. Friedersdorf – March 1979 – December 1980. *
Frank P. Reiche Frank or Franks may refer to: People * Frank (given name) * Frank (surname) * Franks (surname) * Franks, a medieval Germanic people * Frank, a term in the Muslim world for all western Europeans, particularly during the Crusades - see Farang Curre ...
– July 1979 – August 1985. * Lee Ann Elliott – December 1981 – June 2000 (reappointed July 1987 and July 1994). *
Danny L. McDonald Danny is a masculine given name. It is related to the male name Daniel. It may refer to: People *Danny Altmann, British immunologist *Danny Antonucci, Canadian animator, director, producer, and writer * Danny Baker (born 1957), English journali ...
– December 1981 – January 2006 (reappointed in July 1987, July 1994 and July 2000). *
Thomas J. Josefiak Thomas J. Josefiak (born in Adams, Massachusetts) is an American lawyer who was Chief Counsel of Republican National Committee (RNC) and Chairman of the Federal Election Commission (FEC) during the 1988 U.S. presidential election. Josefiak is cur ...
– August 1985 – December 1991. *
Scott E. Thomas Scott may refer to: Places Canada * Scott, Quebec, municipality in the Nouvelle-Beauce regional municipality in Quebec * Scott, Saskatchewan, a town in the Rural Municipality of Tramping Lake No. 380 * Rural Municipality of Scott No. 98, Saska ...
– October 1986 – January 2006 (reappointed in November 1991 and July 1998). * Trevor Potter – November 1991 – October 1995. * Darryl R. Wold – July 1998 – April 2002. * Karl J. Sandstrom – July 1998 – December 2002. * David M. Mason – July 1998 – July 2008. *
Bradley A. Smith Bradley A. Smith (born 1958) is the Josiah H. Blackmore II/Shirley M. Nault Professor at Capital University Law School in Columbus, Ohio. He previously served as commissioner, vice chairman, and chairman of the Federal Election Commission (F ...
– May 2000 – August 2005. *
Michael E. Toner Michael E. Toner, American attorney and political appointee, specializes in election law, and is currently employed by Wiley Rein LLP where he co-chairs the Election Law & Government Ethics Practice. He formerly served as the chairman of the F ...
– March 2002 – March 2007. (by recess appointment on March 29, 2002, confirmed to full term 2003) * Robert D. Lenhard – January 2006 – December 2007. (by recess appointment on January 4, 2006) * Hans A. von Spakovsky – January 2006 – December 2007. (by recess appointment on January 4, 2006) *
Steven T. Walther Steven T. Walther (born July 18, 1943) is an American attorney who served as a commissioner of the Federal Election Commission. Walther also served as chair of the FEC in 2009 and 2017. Early life and education Walther was born in Reno, Nevada. ...
– January 2006 – December 2007 (by recess appointment on January 4, 2006), June 2008 — August 2022. (later confirmed to full term) *
Cynthia L. Bauerly Cynthia L. Bauerly (born 1970) is an American civil servant who currently serves as the Commissioner of the Minnesota Department of Revenue. She was appointed commissioner in January 2015 after joining the department as deputy commissioner in th ...
– June 2008 – February 2013. *
Matthew S. Petersen Matthew Spencer Petersen (born 1970) is an American attorney who served as a member of the United States Federal Election Commission. In 2017, he was nominated by President Donald Trump to be a United States district judge of the United States D ...
– June 2008 – August 2019. *
Caroline C. Hunter Caroline Critchfield Hunter (born c. 1971) is a former Republican member of the United States Federal Election Commission. She was appointed in June 2008, and served as chair in 2012, 2018, and 2020. On June 26, 2020, she resigned from the FEC, e ...
– June 2008 – July 2020. *
Don McGahn Donald Francis McGahn II (; born June 16, 1968) is an American lawyer who served as White House Counsel for U.S. President Donald Trump, from the day of Trump's inauguration through October 17, 2018, when McGahn resigned. Previously, McGahn serv ...
– July 2008 – September 2013. *
Lee E. Goodman Lee E. Goodman (born March 29, 1964) was a member and former chair of the Federal Election Commission (FEC), an independent regulatory agency created by Congress to administer and enforce campaign finance law. Biography Goodman was born on March ...
– October 2013 – February 2018. *
Ann Ravel Ann Miller Ravel (born April 6, 1949) is an American attorney who was a Democratic Commissioner on the Federal Election Commission (FEC), an independent regulatory agency created by Congress to administer and enforce campaign finance law. Ravel ...
– October 2013 – March 2017.


See also

* Bipartisan Campaign Reform Act * Campaign finance in the United States *
Dark Money (film) ''Dark Money'' is a 2018 American documentary film directed by Kimberly Reed about the effects of corporate money and influence in the American political system. The film uses Reed's home state of Montana as a primary case study to advance a bro ...
*
Election Assistance Commission The Election Assistance Commission (EAC) is an independent agency of the United States government created by the Help America Vote Act of 2002 (HAVA). The Commission serves as a national clearinghouse and resource of information regarding electi ...
* Elections in the United States *
Federal Election Campaign Act The Federal Election Campaign Act of 1971 (FECA, , ''et seq.'') is the primary United States federal law regulating political campaign fundraising and spending. The law originally focused on creating limits for campaign spending on communicatio ...
* International Foundation for Electoral Systems *
Title 11 of the Code of Federal Regulations CFR Title 11 – Federal Elections is one of 50 titles composing the United States Code of Federal Regulations (CFR) and contains the principal set of rules and regulations issued by federal agencies regarding federal elections. It is available in ...
*
Shadow campaigns in the United States Shadow campaigns (or dark money) refers to spending meant to influence political outcomes where the source of the money is not publicly disclosed or is difficult to trace. United States campaign finance law has been regulated by the Federal Electi ...


Case law

*''
Buckley v. Valeo ''Buckley v. Valeo'', 424 U.S. 1 (1976), was a landmark decision of the US Supreme Court on campaign finance. A majority of justices held that, as provided by section 608 of the Federal Election Campaign Act of 1971, limits on election expenditure ...
'', 424 U.S. 1 (1976) *''
Federal Election Commission v. Akins ''Federal Election Commission v. Akins'', 524 U.S. 11 (1998), was a United States Supreme Court case deciding that an individual could sue for a violation of a federal law pursuant to a statute enacted by the U.S. Congress which created a genera ...
'' (1998), authorizing "any party aggrieved by an order of the Commission" to file a suit *'' McConnell v. Federal Election Commission'' (2003) *'' Federal Election Commission v. Wisconsin Right to Life, Inc.'' (2007), holding that issue ads may not be banned before elections *'' Davis v. Federal Election Commission'' (2008) *''
Citizens United v. Federal Election Commission ''Citizens United v. Federal Election Commission'', 558 U.S. 310 (2010), was a landmark decision of the Supreme Court of the United States regarding campaign finance laws and free speech under the First Amendment to the U.S. Constitution. It wa ...
'' (2010) *''
McCutcheon v. Federal Election Commission ''McCutcheon v. Federal Election Commission'', 572 U.S. 185 (2014), was a landmark decision of the US Supreme Court on campaign finance. The decision held that Section 441 of the Federal Election Campaign Act of 1971, which imposed a limit on c ...
'' (2014)


References


Further reading

* * *


External links

*
Federal Election Commission
in the ''
Federal Register The ''Federal Register'' (FR or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every weekday, except on feder ...
'' {{authority control United States Government agencies established in 1974 Organizations based in Washington, D.C.