Federal Election Commission facts for kids

Quick facts for kids
Federal Election Commission

Agency overview
Formed	October 15, 1974; 49 years ago (1974-10-15)
Jurisdiction	Federal government of the United States
Status	Independent regulatory agency
Headquarters	1050 First St NE Washington, D.C., U.S.
Employees	509 (2018)
Annual budget	$74.5 million USD (FY 2022)
Agency executives	Sean J. Cooksey, Chairman Ellen Weintraub, Vice Chair
Key document	Federal Election Campaign Act Amendments of 1974 (Pub.L. 93-443 88 Stat. 1263)

The Federal Election Commission (FEC) is an independent agency of the United States government whose purpose is to enforce campaign finance law in United States federal elections. Created in 1974 through amendments to the Federal Election Campaign Act, the commission describes its duties as "to disclose campaign finance information, to enforce the provisions of the law such as the limits and prohibitions on contributions, and to oversee the public funding of Presidential elections."

The commission was unable to function from late August 2019 to December 2020, with an exception for the period of May 2020 to July 2020, due to lack of a quorum. In the absence of a quorum, the commission could not vote on complaints or give guidance through advisory opinions. As of May 19, 2020, there were 350 outstanding matters on the agency's enforcement docket and 227 items waiting for action. In December 2020, three commissioners were appointed to restore a quorum; however, deadlocks arising from the equal number of members from the Republican and Democratic parties with the absence of a tie-breaking vote has resulted in some controversial investigations being not pursued.

History and membership

History

The FEC was established in 1974, in an amendment of the Federal Election Campaign Act (FECA), to enforce and regulate campaign finance law. Initially, its six members were to be appointed by both houses of Congress and the President, reflecting a strong desire for Congress to retain control. Two commissioners were to be appointed by the President pro tempore of the Senate and two by the Speaker of the House of Representatives, each upon recommendation by the respective majority and minority leaders in that chamber, and the last two appointed by the President. They were to be confirmed by both Houses of Congress, rather than only by the Senate.

The appointment process was invalidated in 1976, in Buckley v. Valeo, when the Supreme Court held that the commissioners of the FEC were "Officers of the United States" under the Appointments Clause, and must be nominated by the President and confirmed by the Senate. Congress then amended the FECA to comply with Buckley and now the six FEC commissioners are nominated by the President and confirmed by the Senate.

Since 1990, the FEC has grown more polarized, with considerable deadlocks in decision-making.

Commissioners

The commission consists of six commissioners appointed by the president and confirmed by the Senate. Each commissioner is appointed for a six-year term, but each ending on April 30. Two commissioners are appointed every two years. However, commissioners continue to serve after their terms would expire until a replacement is confirmed, but may resign at any time. By law, no more than three commissioners can be members of the same political party.

The commission had fewer than six commissioners for several years after the resignation of Ann Ravel (Democratic) in March 2017. President Donald Trump nominated James E. Trainor III (Republican) on September 14, 2017, for a term expiring on April 30, 2023, to enable replacement for Lee Goodman (Republican), who resigned in February 2018, creating a second vacancy. When Matthew Petersen (Republican) resigned on August 31, 2019, the commission had only three commissioners, and was unable to conduct most of its regulatory and decision-making functions due to lack of a quorum.

Trainor was confirmed by the Senate on May 19, 2020, restoring the commission's quorum of four. One meeting was held online, due to the coronavirus pandemic, on June 18, 2020. On June 25, however, Caroline Hunter (Republican) resigned, effective July 3, with the result that the commission once again lacked a quorum. On December 9, three new members were confirmed by the Senate.

The chair of the commission rotates among the commissioners each year, with no commissioner serving as chair more than once during a six-year term. However, a commissioner may serve as chair more than once if they serve beyond the six-year mark and no successor is appointed; for example, Ellen L. Weintraub (Democratic) was chair in 2003, 2013 and 2019. The chair of the commission in 2022 is Allen Dickerson, who was elected in December 2021, succeeding Shana Broussard.

Official duties

Duties

The FEC administers federal campaign finance laws. It enforces limitations and prohibitions on contributions and expenditures, administers the reporting system for campaign finance disclosure, investigates and prosecutes violations (investigations are typically initiated by complaints from other candidates, parties, watchdog groups, and the public), audits a limited number of campaigns and organizations for compliance, and administers the presidential public funding programs for presidential candidates.

Until 2014, the FEC was also responsible for regulating the nomination of conventions and defends the statute in challenges to federal election laws and regulations.

The FEC also publishes reports, filed in the Senate, House of Representatives and presidential campaigns, that list how much each campaign has raised and spent, and a list of all donors over $200, along with each donor's home address, employer and job title. This database also goes back to 1980. Private organizations are legally prohibited from using this data to solicit new individual donors (and the FEC authorizes campaigns to include a limited number of "dummy" names as a measure to prevent this), but may use this information to solicit political action committees. The FEC also maintains an active program of public education, directed primarily to explaining the law to the candidates, their campaigns, political parties and other political committees that it regulates.

Procedures and deadlock

The most significant powers of the FEC require an affirmative vote. These powers include the ability to conduct investigations, report misconduct to law enforcement, pursue settlements with candidates, and to bring a civil action in court to enforce campaign finance regulations. The FEC can also publish advisory opinions on campaign finance issues and issue campaign finance regulations.

Under the statute, there is an even number of commissioners with no more than three commissioners being members of the same political party. However, there is no tie-breaking process, such as by the chair. In addition, there is a quorum requirement of four commissioners. This results in four of the six commissioners being required for a FEC decision, which in turn means that on controversial issues bipartisan support is required for a decision. Critics have argued that the even number of commissioners and the supermajority requirement was a "set up for deadlock and political shenanigans," especially in an age of polarization.

Between 1996 and 2006, the FEC tied in only 2.4% of Matters Under Review (MURs). In 2008 and 2009, such deadlocks spiked to 13% and to 24.4% in 2014. By 2016, commissioners deadlocked on more than 30% of substantive votes and consequently enforcement intensity decreased significantly.

Commissioners

Current

Former commissioners and chairmen

Source:

• Joan D. Aikens – April 1975 – September 1998 (reappointed May 1976, December 1981, August 1983 and October 1989).
• Thomas B. Curtis – April 1975 – May 1976.
• Thomas E. Harris – April 1975 – October 1986 (reappointed May 1976 and June 1979).
• Neil O. Staebler – April 1975 – October 1978 (reappointed May 1976).
• Vernon W. Thomson – April 1975 – June 1979; January 1981 – December 1981 (reappointed May 1976).
• Robert Tiernan – April 1975 – December 1981 (reappointed May 1976).
• William L. Springer – May 1976 – February 1979.
• John Warren McGarry – October 1978 – August 1998 (reappointed July 1983 and October 1989).
• Max Friedersdorf – March 1979 – December 1980.
• Frank P. Reiche – July 1979 – August 1985.
• Lee Ann Elliott – December 1981 – June 2000 (reappointed July 1987 and July 1994).
• Danny L. McDonald – December 1981 – January 2006 (reappointed in July 1987, July 1994 and July 2000).
• Thomas J. Josefiak – August 1985 – December 1991.
• Scott E. Thomas – October 1986 – January 2006 (reappointed in November 1991 and July 1998).
• Trevor Potter – November 1991 – October 1995.
• Darryl R. Wold – July 1998 – April 2002.
• Karl J. Sandstrom – July 1998 – December 2002.
• David M. Mason – July 1998 – July 2008.
• Bradley A. Smith – May 2000 – August 2005.
• Michael E. Toner – March 2002 – March 2007. (by recess appointment on March 29, 2002, confirmed to full term 2003)
• Robert D. Lenhard – January 2006 – December 2007. (by recess appointment on January 4, 2006)
• Hans A. von Spakovsky – January 2006 – December 2007. (by recess appointment on January 4, 2006)
• Steven T. Walther – January 2006 – December 2007 (by recess appointment on January 4, 2006), June 2008 — August 2022. (later confirmed to full term)
• Cynthia L. Bauerly – June 2008 – February 2013.
• Matthew S. Petersen – June 2008 – August 2019.
• Caroline C. Hunter – June 2008 – July 2020.
• Don McGahn – July 2008 – September 2013.
• Lee E. Goodman – October 2013 – February 2018.
• Ann Ravel – October 2013 – March 2017.

See also

In Spanish: Comisión Federal de Elecciones para niños

• Bipartisan Campaign Reform Act
• Campaign finance in the United States
• Dark Money (film)
• Election Assistance Commission
• Elections in the United States
• Federal Election Campaign Act
• International Foundation for Electoral Systems
• Title 11 of the Code of Federal Regulations
• Shadow campaigns in the United States

Case law

• Buckley v. Valeo, 424 U.S. 1 (1976)
• Federal Election Commission v. Akins (1998), authorizing "any party aggrieved by an order of the Commission" to file a suit
• McConnell v. Federal Election Commission (2003)
• Federal Election Commission v. Wisconsin Right to Life, Inc. (2007), holding that issue ads may not be banned before elections
• Davis v. Federal Election Commission (2008)
• Citizens United v. Federal Election Commission (2010)
• McCutcheon v. Federal Election Commission (2014)