29. Federal Election Commission (Summary)

Posted2024-08-15

Updated2024-08-15

ByC. Sparks

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Author: Hans A. von Spakovsky

The Federal Election Commission (FEC) was established in 1975 to enforce the Federal Election Campaign Act (FECA) of 1971, amended in 1974, which governs the financing of federal campaigns.
The FEC has exclusive civil enforcement authority, while criminal enforcement lies with the U.S. Justice Department.
The President appoints six commissioners of the FEC, subject to U.S. Senate confirmation, with terms limited to six years. No more than three commissioners can be from the same political party.
There is a tradition of bipartisan nomination of FEC commissioners, although this was breached once by Senate Majority Leader Harry Reid.
Key issues addressed include the need for the President to ensure nominees are aligned with appropriate enforcement of FECA without overregulating political activity.
The President also controls prosecutorial directions within the Department of Justice concerning FECA, emphasizing fair application and avoidance of overzealous prosecutions.
There’s an ongoing issue with FEC commissioners serving past their terms and litigation issues due to FEC’s inability to defend itself in certain cases due to lack of majority agreement among commissioners.
Suggested legislative changes include ending the practice of commissioners overstaying their terms and reconsidering the structure of the FEC to maintain bipartisan control.

If implemented, these recommendations could lead to a more balanced and less politically weaponized FEC, potentially reducing partisan enforcement actions.
Ensuring commissioners align with moderate enforcement views could protect First Amendment rights and prevent overregulation of political activities.
Directing the DOJ to consult with FEC could enhance consistency and fairness in prosecutorial decisions, reducing the risk of unfair legal actions against individuals and entities.
Legislative changes to end commissioner overstays and maintain a bipartisan commission structure could enhance the FEC’s integrity and effectiveness.
Raising contribution limits and indexing reporting requirements to inflation could streamline FEC processes and reduce unnecessary burdens on smaller political committees and campaigns.

Introduction and Acknowledgments