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The Hill
16-06-2025
- Politics
- The Hill
Experts warn FEC is a watchdog lacking ‘bark or bite' with no quorum
Experts are sounding alarms over the status of the Federal Election Commission (FEC), which has been largely paralyzed from performing much of its work. Former Commissioner Allen Dickerson's departure from the body at the conclusion of his term at the end of April gave the normally six-person FEC its third vacancy. A loss of quorum now prevents the FEC from carrying out many of its responsibilities, including holding meetings, conducting investigations and issuing penalties against potential violators. An apparent lack of urgency in filling the vacancies could cause a significant backlog of cases as the midterm elections approach. 'It really puts the country in a bind when the FEC doesn't have a working quorum, without enough commissioners to do its job, everything just piles up,' said Michael Beckel, the senior research director for the cross-partisan group Issue One, which educates and advocates on issues concerning U.S. democracy, elections and government. 'At the end of the day, without a quorum, the FEC is a watchdog that doesn't have the ability to bark or bite,' he said. The lack of quorum is a rarity in the agency's 50-year history but not entirely without precedent. The first instance occurred in 2008, toward the end of George W. Bush's presidency. Beckel said political pressure contributed to the end of that six-month gap in the FEC's work as Republican presidential nominee John McCain used public financing for his campaign and needed the agency to sign off on the funding, which it could only do with the quorum of at least four members. But no major party nominee has used public financing since then, and Beckel expressed doubt about a similar situation arising to create the same pressure. 'Without the same sort of political pressure existing now, it's hard to imagine what contours might arise that would lead to a logjam being broken,' he said. The other instances came in Trump's first term, in 2019 and 2020, with just a one-month respite between them. Complaints can still be submitted to the agency during this period, but the FEC can't enact fines or other penalties, issue new rules or advisories or conduct audits. Since the current loss of quorum began, two scheduled public meetings have been canceled. The pending situation could be similar to the one that Dickerson, Commissioner Shana Broussard and former Commissioner Sean Cooksey inherited when the Senate confirmed their nominations to the agency in December 2020, ending the last loss of quorum. The FEC last had six members in January. Dickerson told The Hill in an interview that much of the backlog dated back to the 2016 election cycle, and the commission's members had to make 'very difficult decisions,' taking into account a limited budget, about what cases they could move forward on and what needed to be let go given time constraints. He credited Broussard, who served as chair in 2021 while he served as vice chair, as being key to clearing the backlog. 'We had a shared commitment to ensuring that the commission was restored to functioning order, and that required dealing with, in many cases, old and complex cases that were really making it difficult for the agency to get back up and running,' Dickerson said. 'And that was a lot of hard work and late nights.' He said the extent of the problem that the current lack of quorum causes for the FEC will depend on how long it lasts and the number of credible complaints that are filed, adding that often complaints aren't well argued or are designed more for 'headlines' than the law. Dickerson said a lot of focus is on the FEC's enforcement docket, but he expressed more concern about its current inability to engage on rulemaking and requests for advisory opinions to assist the public. 'The closer one gets to an election, the more likely it is that the outside world is going to need guidance from the commission on novel questions of the law,' he said. 'And until a quorum is restored, that's a key function of the commission that may be undervalued by some people, which I think is maybe its most important function.' Cooksey stepped down from his post on the first day of Trump's term and expressed hope that Trump would nominate appointees to fill the positions of commissioners whose terms have expired. Commissioners are allowed to continue to serve on the FEC even after their term has expired until the Senate confirms a replacement. Two of the three current commissioners, Broussard and James Trainer III, are serving on expired terms. But Trump removed former Chair Ellen Weintraub, a Democrat, in February and didn't lay out any process to replace her. Weintraub argued her unilateral removal by Trump was illegal, but her seat has been vacant since then. Weintraub said in an interview that Congress anticipated the problem of a new commissioner not being ready in time to replace an outgoing one in allowing commissioners to remain until a replacement is set. 'That is a normal process. That's what should have happened in my case, and had I been replaced in the normal course, rather than summarily moved, the commission would not be without a quorum today,' she said. The Hill has reached out to the White House for comment about whether Trump has any plans to nominate additional commissioners soon. The FEC declined to comment on the vacancies and possible future nominations. While the lack of quorum has mostly occurred during the Trump administration, numerous administrations have allowed commissioners to continue to serve well past their term's expiration. Dickerson said he wouldn't consider this to be a sign of a lack of prioritization but an effect of the large size of the federal government and smallness of the FEC. 'We need to hope that those seats are filled. I think it's best for the republic to have six working commissioners with a range of views and with significant bipartisan buy-in on its decision-making,' he said. 'But I'm not going to characterize the decision-making of the government overall based upon an agency the size of the FEC.' Beckel said the loss of a quorum shouldn't be interpreted as an opportunity for candidates to 'push the envelope,' as willful violations of campaign finance law can still face prosecution from the Justice Department (DOJ) and complaints can still be filed to the FEC. 'There will still be watchdogs out there filing campaign finance complaints,' he said. 'There will still be partisan actors out there who are making sure that their opponents don't do anything awry.' But Weintraub and some reform groups expressed concern that bad actors could feel emboldened to commit violations. Omar Noureldin, the senior vice president of policy for the watchdog Common Cause, noted the DOJ's shrinking of its public integrity unit in the aftermath of the resignations of multiple officials over the case against New York City Mayor Eric Adams being dropped. 'It's very clear, from what we've seen from the civil rights division to the public integrity section to the tax division, that enforcement is not going to be something that is a priority,' he said. 'There are state laws that regulate campaign finance and city laws for local elections and so those are still avenues by which we can hold some folks accountable,' Noureldin added. 'But it's not going to be at the scale that the FEC can do.' But some also were concerned about the potential members the Trump administration would choose. Erin Chlopak, the senior director of campaign finance for the Campaign Legal Center, pointed to Trump's executive order exerting control over federal agencies, including the FEC. She said this is 'completely contrary' to Congress's vision of the agency as independent. 'That independence is uniquely crucial to its ability to do its job,' she said. 'If that's going to be an issue, then that's yet another reason why restoration of the forum poses different concerns, sort of unique concerns in this moment.'
Yahoo
30-04-2025
- Politics
- Yahoo
FEC to lose quorum after another commissioner resigns
The Federal Election Commission (FEC) is set to have fewer members than necessary for a quorum following the resignation of a second commissioner from the body this year. Commissioner Allen Dickerson, a Republican, announced his decision to step down effective Wednesday evening at the FEC's meeting earlier in the day. He was nominated by President Trump and confirmed by the Senate to serve on the commission in 2020, with his term set to expire April 30 of this year. Dickerson's resignation is particularly consequential because it will prevent the FEC from being able to conduct business on various issues, including issuing opinions on cases and acting on campaign finance violations. Republican Sean Cooksey, whom Trump also appointed, resigned from his position in January, expressing hope that Trump would nominate new appointees to take over for commissioners whose terms had expired. Trump dismissed Democratic Commissioner Ellen Weintraub in February. Weintraub has argued that her removal by the president is illegal, but her position remains vacant on the body. The FEC is made up of six members with no more than three from each party, ensuring some amount of bipartisanship in its decisions. Four members must be present for a quorum, but Dickerson's resignation will lower the number to three. Issue One, a nonprofit political reform group, noted in a release that this will be the fourth time in the FEC's history that it doesn't have a quorum. It lost a quorum in 2008, during George W. Bush's administration, and on two occasions during Trump's first term in 2019 and 2020. 'Without a quorum, the FEC is a watchdog without a bark or bite,' Issue One senior research director Michael Beckel said in the release. 'Losing its quorum defangs the FEC at a time when the robust scrutiny of money in politics is needed more than ever.' 'Without a quorum, the FEC cannot investigate campaign finance complaints, conduct audits, levy fines against rule-breakers, issue new rules or advisory opinions, initiate new litigation, or even hold meetings,' Beckel added. 'What the FEC needs most is a full array of commissioners who are firmly committed to enforce our nation's campaign finance laws — individuals who put country over party and who understand the importance of the rule of law.' Presidents are responsible for appointing commissioners, who must be confirmed by the Senate. Trump has yet to announce any appointments to the body. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.


The Hill
30-04-2025
- Politics
- The Hill
FEC to lose quorum after another commissioner resigns
The Federal Election Commission (FEC) is set to have fewer members than necessary for a quorum following the resignation of a second commissioner from the body this year. Commissioner Allen Dickerson, a Republican, announced his decision to step down effective Wednesday evening at the FEC's meeting earlier in the day. He was nominated by President Trump and confirmed by the Senate to serve on the commission in 2020, with his term set to expire April 30 of this year. Dickerson's resignation is particularly consequential because it will prevent the FEC from being able to conduct business on various issues, including issuing opinions on cases and acting on campaign finance violations. Republican Sean Cooksey, whom Trump also appointed, resigned from his position in January, expressing hope that Trump would nominate new appointees to take over for commissioners whose terms had expired. Trump dismissed Democratic Commissioner Ellen Weintraub in February. Weintraub has argued that her removal by the president is illegal, but her position remains vacant on the body. The FEC is made up of six members with no more than three from each party, ensuring some amount of bipartisanship in its decisions. Four members must be present for a quorum, but Dickerson's resignation will lower the number to three. Issue One, a nonprofit political reform group, noted in a release that this will be the fourth time in the FEC's history that it doesn't have a quorum. It lost a quorum in 2008, during George W. Bush's administration, and on two occasions during Trump's first term in 2019 and 2020. 'Without a quorum, the FEC is a watchdog without a bark or bite,' Issue One senior research director Michael Beckel said in the release. 'Losing its quorum defangs the FEC at a time when the robust scrutiny of money in politics is needed more than ever.' 'Without a quorum, the FEC cannot investigate campaign finance complaints, conduct audits, levy fines against rule-breakers, issue new rules or advisory opinions, initiate new litigation, or even hold meetings,' Beckel added. 'What the FEC needs most is a full array of commissioners who are firmly committed to enforce our nation's campaign finance laws — individuals who put country over party and who understand the importance of the rule of law.' Presidents are responsible for appointing commissioners, who must be confirmed by the Senate. Trump has yet to announce any appointments to the body.
Yahoo
01-04-2025
- Business
- Yahoo
KY's Brett Guthrie holds plum chairmanship after raising big money for House GOP caucus
U.S. Rep. Brett Guthrie of Kentucky, chairman of the House Energy and Commerce Committee, talks with reporters after a meeting of the House Republican Conference in the U.S. Capitol Feb, 5. 2025. (Tom Williams/CQ-Roll Call, Inc via Getty Images) Among the powerful committee leaders of the U.S. House of Representatives, no one ships nearly as much campaign money to his party's political caucus as Kentucky's 2nd District Congressman Brett Guthrie. That's a finding in a report released last week by the Washington-based political reform group Issue One. And, in the context of the report, it's not a flattering distinction. The report is the latest of five that Issue One has released since 2017 that decry a system — employed by both parties — in which House members find themselves under 'relentless fundraising pressure' to raise money for their party caucus committee if they want to be appointed to powerful and prestigious committees. 'A little-known fact about members of Congress is that they must constantly raise money not just for their own reelection bids but to help their respective political parties accumulate power,' the report says. 'Both the Democratic and Republican parties lean on their most powerful legislators to boost their political war chests, under something called the 'party dues' system.' This forces members to devote vast amounts of time to fundraising — time sometimes spent pleading for money from wealthy interests that lobby Congress and appear before congressional committees, the report says. The pressure comes from the Republican and Democratic leaders who control committee assignments of their members. Last December Republican leaders of the U.S. House picked Guthrie to chair the important Committee on Energy and Commerce, the oldest continuous standing committee in the House and one with broad jurisdiction over the country's health care, energy and environmental policies, telecommunications and technology innovation, and consumer safety. GOP leaders have handed Guthrie and his committee a big assignment: cut $880 billion in spending, much of which will have to come from Medicaid, the federal-state program that pays for about 72 million Americans' health care, including almost 1 in 3 Kentuckians. The savings are needed to reduce the federal budget by $2 trillion as Republicans seek to renew and make permanent $4.5 trillion in tax cuts from the first Trump administration. Issue One examined the contributions of top Republicans and Democrats on four powerful committees of the House since Jan. 1, 2023. The report found that about $1 of every $6 spent by the campaign committees of these 11 key committee leaders (seven Republicans, four Democrats) was in contributions to the party caucus' political fund. (For Democrats, the Democratic Congressional Campaign Committee or DCCC; for Republicans, the National Republican Congressional Committee, or NRCC.) Among the 11 committee leaders, the report shows Guthrie gave by far the most, transferring $2.5 million from his campaign committee to the NRCC during the period. That amounted to a bit more than half of all of the spending by Guthrie's committee during the period. (None of the other 10 committee leaders whose campaign finances were examined transferred more than $1.5 million or more than 39% of their total spending during the period to their caucus political fund.) Guthrie's Washington office referred questions from Kentucky Lantern last week to a Guthrie campaign spokeswoman who did not reply to an email from Kentucky Lantern. Issue One reported that in his recent bid for chairmanship of Energy and Commerce, Guthrie was opposed by U.S. Rep. Bob Latta, an Ohio Republican. Online records of the Federal Election Commission show Latta's campaign committee transferred nearly $1.3 million to the NRCC in 2023-24. That's a large amount, but still far less than the $2.5 million transferred by Guthrie's campaign committee during the same period. 'Fundraising prowess is one criteria that party leaders consider when deciding whom to elevate into important leadership roles … ,' said Michael Beckel, one of the authors of the Issue One report. 'Rep. Guthrie's massive fundraising for the NRCC ahead of the 2024 election certainly didn't hurt him as he made a bid to become the next chairman of the coveted House Energy and Commerce Committee.' Punchbowl News reported soon after last November's elections that Guthrie appeared to be the favorite over Latta. While Latta had an advantage in experience, Punchbowl News reported Guthrie 'leads the fundraising race this year by leaps and bounds.' In 2016 USA Today reported that the process involves legislative leaders setting quotas for members. 'Lawmakers are supposed to dip into their own reelection accounts to meet these fundraising quotas,' USA Today reported. 'Those who make — or exceed — their dues are considered 'team players,' a label that lifts their chances of landing plum committee assignments.' That same USA Today report said another Kentucky Republican, U.S. Rep. Thomas Massie, refused to pay his dues. 'They told us right off the bat as soon as we get here, 'These committees all have prices and don't pick an expensive one if you can't make the payments,' Massie said. 'That's part of orientation.' On Monday, Massie, in response to questions emailed him by Kentucky Lantern, said, 'My opinion of the dues system is still the same: it's extortion and should be illegal.' As for how his refusal to participate in the system has affected his committee assignments, Massie said, 'I've been able to maintain committee assignments to B and C committees without giving to the NRCC, but participation on an A committee is understood to be off the table, so I've never sought an A committee.' Issue One CEO Nick Penniman said in last week's report, 'It's a betrayal of public trust for legislative leaders in Congress to be constantly worried about fundraising and regularly soliciting wealthy and well-connected donors who have business before their committees. These fundraising demands lead to profound conflicts of interest.' Guthrie, of Bowling Green, is a former state senator who first won election to Congress in 2008 by beating Democrat David Boswell in a competitive election for the right to succeed retiring Republican Congressman Ron Lewis. Since then Guthrie has never been seriously threatened in eight reelections. This gives him the luxury of being able to transfer his campaign funds to the NRCC. Last November he won reelection with 73.1% of the vote despite transferring more than half of his campaign war chest during the two-year election cycle to the NRCC. Beckel of Issue One described the organization as bipartisan and called it 'the leading cross-partisan political reform group in Washington, D.C.' 'We unite Republicans, Democrats, and independents in the movement to fix our broken political system and build a democracy that works for everyone,' he said. 'We are fiercely bipartisan, working with current and former members of Congress from both sides of the aisle.'