No Trump Appointments Leave Federal Election Commission Powerless to Enforce Campaign Finance Laws

On May 1, the Federal Election Commission (FEC) lost its authority to enforce federal campaign finance laws due to a lack of commissioners. The agency requires at least four commissioners to perform its duties but currently operates with only three. This situation raises significant concerns for federal politics and elections.

Established in 1975 post-Watergate, the FEC is a bipartisan agency responsible for regulating campaign finance laws at the federal level, specifically for U.S. House, Senate, and presidential campaigns. However, it does not oversee state or local campaign finance issues. Historically, the FEC has been staffed by six commissioners, who are nominated by the president and confirmed by the Senate.

The agency’s design ensures a balance of power, prohibiting more than three commissioners from being from the same political party. While this structure protects against partisanship, it has also led to gridlock on essential issues such as rules regulating dark money and enforcing campaign finance violations.

The loss of commissioners began when Republican Sean Cooksey resigned in January. In February, Trump removed Democrat Ellen Weintraub, who had served beyond her term’s expiration. Allen Dickerson, another Republican, stepped down on April 30 after a six-year term. The president alone can nominate replacements but has yet to do so.

This absence of a quorum hampers the FEC’s ability to create rules, investigate cases, or even hold public meetings. Although the agency’s headquarters remains open, its capacity to process complaints or publish campaign finance reports is severely restricted. Daniel Weiner of the Brennan Center for Justice summed it up: “This shutdown means there’s no cop on the beat.”

To restore its functionality, Trump must nominate new commissioners, followed by Senate confirmation. However, there is no indication this action will occur soon. The remaining commissioners expressed optimism about regaining a quorum, but skepticism remains about the timeline.

This is not the first instance of the FEC losing its quorum; the agency has faced similar shutdowns in the past. Overall, the agency’s current status raises urgent questions about its ability to uphold campaign finance laws, a crucial aspect of democratic governance.

The next FEC meeting is slated for May 22 but is likely to be canceled. Meanwhile, nonprofit Common Cause will host an event on May 15 discussing the agency’s challenges and necessary reforms.