The Federal Election Commission (FEC) has hit a rough patch. Recently, it lost another member, leaving it unable to function properly due to a lack of a quorum—meaning at least four commissioners are required for the FEC to operate effectively.
Republican Trey Trainor announced his resignation, following the departures of fellow Republican Allen Dickerson and the firing of Democrat Ellen Weintraub. This string of exits has left the FEC in limbo—unable to enforce campaign finance laws or hold meetings.
Ellen Weintraub, who served on the FEC for over two decades, highlighted how crucial a quorum is, saying, “You need four votes to do anything substantial—be it penalties, investigations, or audits.” Without that, the agency struggles to act on campaign finance complaints. As Weintraub put it, “There’s no cop on the beat,” allowing for potentially unchecked spending and practices in upcoming elections.
Historically, this isn’t the first time the FEC has had quorums issues. According to Dan Weiner from the Brennan Center for Justice, it has happened multiple times in the past decade. The difference now is the political climate. There seems to be a greater effort from the White House to rein in independent agencies like the FEC, resulting in vacancies that never get filled.
Currently, there are only two remaining commissioners, both Democrats. This means that the perspective of the Republican Party might be underrepresented. Bradley Smith, a former Republican FEC member, argues that without a Republican voice, the party lacks representation on important issues—a dynamic that could shape the future of campaign finance.
Even with the agency unable to enforce laws, it’s a common misconception that this ends all oversight. “The FEC can still act on violations even when it’s short-staffed,” Smith explained, emphasizing that the FEC has the authority to investigate and bring cases forward. The statute of limitations allows them to address infractions long after they occur.
Looking at the bigger picture, Adav Noti from the Campaign Legal Center notes that the FEC has historically struggled to effectively regulate campaign finance, even when fully staffed. The Supreme Court’s 2010 Citizens United decision has led to an increase in corporate influence in politics, while the FEC has done little to mitigate this trend. “Instead of tightening regulations, the commission has become more ineffective,” Noti stated.
Interestingly, when the FEC is unable to fulfill its mandates due to staffing issues, private groups can step in. Stuart McPhail from Citizens for Responsibility and Ethics in Washington noted that lawsuits bypassing the FEC can arise from these gaps, allowing private litigants to pursue enforcement of campaign finance laws.
In essence, the FEC’s current dysfunction reflects deeper challenges in American political oversight. With billions expected to be spent during the upcoming elections, the lack of a functioning FEC raises concerns about transparency and accountability in campaign finance. Addressing these issues will be crucial for restoring faith in the electoral process.
