The Federal Election Commission is broken. The agency charged with implementing and enforcing federal campaign finance law often does neither.
But you are unlikely to hear much about this when the House Administration Committee holds a hearing Thursday on the agency?s performance. Only FEC commissioners are testifying ? no public interest groups or academics invited.
Continue ReadingThe terms of five of the six FEC commissioners have expired ? yet they continue to sit. Decisive action by President Barack Obama is needed to replace these panel members with new people who will approach their charge responsibly and fairly.
The Administration Committee Chairman Dan Lungren (R-Calif.), a leader in the opposition to transparency on money in politics, seems little interested in how the FEC gutted the nation?s disclosure laws and deadlocked on an unprecedented number of actions. Yet this has been preventing the agency from making decisions ? or even enforcing election law.
A broad coalition, including Americans for Campaign Reform, Campaign Legal Center, Common Cause, Citizens for Responsibility and Ethics in Washington, Democracy 21, League of Women Voters, Public Campaign, Public Citizen and U.S. PIRG, has now appealed to congressional oversight committees, requesting that they ?investigate and hold hearings on the systemic problems with the Federal Election Commission.? To no avail.
It is highly unlikely that this hearing will be any more fruitful in addressing why the FEC has become a national campaign finance scandal.
FEC decisions must be approved by at least a four-vote majority. Senate Minority leader Mitch McConnell (R-Ky.), a long-time foe of campaign finance laws, realized that he can ?appoint? commissioners who oppose the law. When the three Republican FEC commissioners deadlock the vote, no decision can be made. That is what is happening.
Examples of the FEC?s ineffectiveness are legion. The agency often dismisses complaints because of deadlocked votes or promulgates rules contrary to the law.
Deadlocked votes have reached an all-time high. Historically, fewer than 2 percent of all enforcement actions were stymied by deadlocks. Since the appointment of the current GOP commissioners, however, that percentage has jumped eightfold.
There has also been a startling increase in deadlocks on nearly all other agency decisions, often incapacitating the FEC from even offering advice to candidates.
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