Federal Election Commission down to 2 Commissioners; 4 needed for Quorum; FEC can’t enforce campaign finance laws, formalize investigations

[essentialsaltes]

Federal Election Commission Loses Another Commissioner​

Republican Trey Trainor confirmed he’s resigning, leaving the nation’s hobbled campaign finance enforcement agency even further from a quorum.

The six-member FEC lost a quorum of commissioners back in April, effectively shuttering the agency responsible for interpreting and enforcing campaign finance laws, save for its most basic functions, such as publishing political committees’ campaign finance disclosures.

Trainor, the vice chair, leaves on Oct. 3, as first reported by the Washington Examiner. When he leaves, there will only be two members left on the commission, Democrats Dara Lindenbaum and Shana Broussard.

President Donald Trump has failed to nominate candidates to replace the two Republicans who resigned from the commission since January and the one Democrat — Chairwoman Ellen Weintraub — whom Trump ousted in February over her objection.

By law, a quorum of at least four FEC commissioners must be present for the agency to attend to its high-level duties. At present, the FEC can’t enforce campaign finance laws, formalize investigations, provide official legal guidance, defend itself in lawsuits or even conduct public meetings.

“There are no personnel announcements at this time, and any new nominee will be announced by President Trump,” White House spokesperson Harrison Fields told NOTUSin July.

 

[Richard T]

So one logical reason Trump may not want to appoint anyone is to kneecap the Commission. To me the Senate leaders should announce their own picks assuming that is Constitutional. Or before the 4th one left, why not change the rules for quorum but the last 4 Commissioners? The Senate votes to to change their rules on appoints to a simple majority, but for the FEC, I guess that ship has sailed.

 

[Pommer]

So one logical reason Trump may not want to appoint anyone is to kneecap the Commission. To me the Senate leaders should announce their own picks assuming that is Constitutional. Or before the 4th one left, why not change the rules for quorum but the last 4 Commissioners? The Senate votes to to change their rules on appoints to a simple majority, but for the FEC, I guess that ship has sailed.

I would think that changing the law that controls how these various agencies are staffed with Article 2 picks would meet with opposition from the White House with a Congress that can‘t (apparently) come to an agreement as to how to keep the Nation “open-for-business”.

They’re finding new planet killing asteroids all of the time these daze.

 

[Aryeh Jay]

What's the big deal anyway? The president himself said before he was reelected by a landslide that after that, we won't have to worry about voting anymore.

 

[essentialsaltes]

The Federal Election Commission is down to 2 members. So its work is at a standstill​

Without a quorum of commissioners, what is the FEC able to do?​

The short answer is that the FEC hasn't been able to do any policy work for months, but some of the day-to-day functions continue.

"It takes four votes to issue any penalties, to start any investigations, to conclude any investigations, to start any audits, to issue any rules, to answer any questions — you need four votes at the FEC to get pretty much anything of substance done," [former commissioner] said. "And once the commission runs down, down below that magic number of four, it really cannot do its job."

Some core functions continue. Candidates and political groups still have to report their finances and other information to the FEC, regardless of whether there is a quorum.

"Fortunately, there are things that the staff can do without input of commissioners," Weintraub said. "They can maintain the database, which is, of course, the core function of the agency, is to make money in politics transparent to the American people so that the American people will see where the money's coming from and where the money's going."

[Campaign finance] complaints might be rolling in pretty much every day, but no action can be taken. She says this creates a situation in which people who want to follow the law will be unable to get proper guidance — and "political actors who are inclined to be aggressive in their interpretations of law are not going to get any pushback."

 

[A2SG]

"political actors who are inclined to be aggressive in their interpretations of law are not going to get any pushback."

Feature, not a bug.

-- A2SG, aiding and abetting, the new SOP.....