View source for Federal Election Commission

{{short description|United States independent regulatory agency that regulates federal elections}}
{{Use mdy dates|date=May 2020}}
{{Use American English|date=November 2018}}
{{Infobox government agency
| agency_name     = Federal Election Commission
| type            = 
| status          = [[Independent regulatory agency]]
| seal            = Seal of the United States Federal Election Commission.svg
| seal_width      = 140
| logo            = 
| formed          = {{start date and age|1974|10|15}}
| headquarters    = 1050 First St NE<br>[[Washington, D.C.]], U.S.
| employees       = 509 (2018){{update inline|date=November 2018}}
| budget          = $74.5 million [[United States dollar|USD]] (FY 2022)<ref name="Financial report for Fiscal Year 2022">{{Cite web |date=November 15, 2022 |title=Federal Election Commission: Agency Financial Report, Fiscal Year 2022 |url=https://www.fec.gov/documents/4257/FEC_FY_2022_Agency_Financial_Report_Final_11_15_22.pdf |type=Government agency's financial report |language=en-US |pages=55, 56 |access-date=September 12, 2023}}{{Usgovpd}}</ref>
| chief1_position = Chair: Vacant <ref>https://www.fec.gov/</ref>
| chief2_name     = [[James E. Trainor III]]
| chief2_position = Vice Chair<ref name="Chair2025">{{Cite web |title=Ellen L. Weintraub elected Chair, James E. “Trey” Trainor, III elected Vice Chairman for 2025 |url=https://www.fec.gov/updates/ellen-l-weintraub-elected-chair-james-e-trey-trainor-iii-elected-vice-chairman-for-2025/ |access-date=January 7, 2025}}</ref>
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| parent_department = 
| website         = {{official URL|https://www.fec.gov/}}
| footnotes       = 
| jurisdiction    = [[Federal government of the United States]]
| keydocument1    = [[Federal Election Campaign Act Amendments of 1974]] ({{USPL|93|443}} {{USStat|88|1263}})
}}

The '''Federal Election Commission''' ('''FEC''') is an [[Independent agencies of the United States government|independent agency of the United States government]] that enforces [[Campaign finance in the United States|U.S. campaign finance laws]] and oversees [[elections in the United States#Federal elections|U.S. federal elections]]. Created in 1974 through amendments to the [[Federal Election Campaign Act]],<ref>{{Cite web|url=https://www.law.cornell.edu/uscode/text/52/30106|title=52 U.S. Code § 30106 - Federal Election Commission|website=LII / Legal Information Institute|language=en|access-date=June 3, 2017|archive-date=November 24, 2020|archive-url=https://web.archive.org/web/20201124104611/https://www.law.cornell.edu/uscode/text/52/30106|url-status=live}}</ref> 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." It is led by six commissioners who are nominated by the [[president of the United States|president]] and confirmed by the [[United States Senate|Senate]].

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.<ref>{{Cite web |date=2020-08-05 |title=The federal agency that enforces campaign finance laws can't even meet. Why? |url=https://www.latimes.com/politics/story/2020-08-05/federal-election-commission-camapign-finance-enforcement |access-date=2023-03-15 |website=Los Angeles Times |language=en-US |archive-date=November 24, 2020 |archive-url=https://web.archive.org/web/20201124130115/https://www.latimes.com/politics/story/2020-08-05/federal-election-commission-camapign-finance-enforcement |url-status=live }}</ref><ref>[https://www.politico.com/news/2020/06/26/fec-caroline-hunter-resigns-341396 FEC losing quorum again after Caroline Hunter resigns] {{Webarchive|url=https://web.archive.org/web/20201124130939/https://www.politico.com/news/2020/06/26/fec-caroline-hunter-resigns-341396 |date=November 24, 2020 }} [[Politico]]</ref> 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.<ref>{{Cite web |url=https://www.seattletimes.com/nation-world/senate-confirms-appointee-to-federal-election-commission-restoring-panels-voting-quorum/ |title=Senate confirms appointee to Federal Election Commission, restoring panel's voting quorum |access-date=August 3, 2020 |archive-date=November 24, 2020 |archive-url=https://web.archive.org/web/20201124131038/https://www.seattletimes.com/nation-world/senate-confirms-appointee-to-federal-election-commission-restoring-panels-voting-quorum/ |url-status=live |author-last1=Lee|author-first1=Michelle Ye Hee|date=19 May 2020|website=The Seattle Times}}</ref> In December 2020, three commissioners were appointed to restore a quorum; however, deadlocks arising from the equal number of members from the [[Republican Party (United States)|Republican]] and [[Democratic Party (United States)|Democratic]] parties with the absence of a tie-breaking vote has resulted in some controversial investigations not being 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.<ref name=":1">Padilla-Babilonia, Alvin. "Reforming the Federal Election Commission: Storable Voting." ''Wyo. L. Rev.'' 20 (2020): 287.</ref> 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.<ref name=":1" /> Two commissioners were to be appointed by the [[President pro tempore of the United States Senate|president pro tempore]] of the Senate and two by the [[Speaker of the United States House of Representatives|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.<ref name=":1" /> They were to be confirmed by both Houses of Congress, rather than only by the Senate.<ref name=":1" />

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.<ref name=":1" /> 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.<ref name=":1" />

Since 1990, the FEC has grown more polarized, with considerable deadlocks in decision-making.<ref>{{Cite journal|last=Franz|first=Michael M.|date=2020-09-28|title=Federal Election Commission Divided: Measuring Conflict in Commission Votes Since 1990|journal=Election Law Journal: Rules, Politics, and Policy|volume=20|issue=2|pages=224–241|doi=10.1089/elj.2019.0560|issn=1533-1296|doi-access=free}}</ref>

=== Commissioners ===
The commission consists of six commissioners appointed by the [[President of the United States|president]] and confirmed by the [[United States Senate|Senate]]. Each commissioner is appointed for a six-year term, but each ending on April 30. Two commissioners are appointed every two years.<ref name="fec.gov">{{cite web|url=https://www.fec.gov/about/|title=About|access-date=June 3, 2017|work=Federal Election Commission|archive-date=April 18, 2021|archive-url=https://web.archive.org/web/20210418230829/https://www.fec.gov/about/|url-status=live}}</ref> However, commissioners continue to serve after their terms would expire until a replacement is confirmed,<ref name="fec-vacancies">{{cite news |last1=Levinthal |first1=Dave |title=Federal Election Commission to Effectively Shut Down. Now What? |url=https://publicintegrity.org/politics/federal-election-commission-fec-to-effectively-shut-down/ |access-date=January 24, 2020 |work=The Center for Public Integrity |date=August 26, 2019 |archive-date=January 24, 2020 |archive-url=https://web.archive.org/web/20200124220057/https://publicintegrity.org/politics/federal-election-commission-fec-to-effectively-shut-down/ |url-status=live }}</ref> but may resign at any time. By law, no more than three commissioners can be members of the same [[political party]].<ref>{{Cite web|title=Leadership and structure|url=https://www.fec.gov/about/leadership-and-structure/|access-date=2020-07-11|website=FEC.gov|language=en|archive-date=January 3, 2020|archive-url=https://web.archive.org/web/20200103172433/https://www.fec.gov/about/leadership-and-structure/|url-status=live}}</ref>

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,<ref name=":0">{{Cite web |title=Six Nominations and One Withdrawal Sent to the Senate Today |url=https://trumpwhitehouse.archives.gov/presidential-actions/six-nominations-one-withdrawal-sent-senate-today/ |language=en-US |via=[[NARA|National Archives]] |work=[[whitehouse.gov]] |access-date=2020-05-19 |archive-date=January 20, 2021 |archive-url=https://web.archive.org/web/20210120202335/https://trumpwhitehouse.archives.gov/presidential-actions/six-nominations-one-withdrawal-sent-senate-today/ |url-status=live }}</ref> to enable replacement for [[Lee E. Goodman|Lee Goodman]] (Republican), who resigned in February 2018, creating a second vacancy. When [[Matthew S. Petersen|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.<ref name="fec-vacancies" />

Trainor was confirmed by the Senate on May 19, 2020, restoring the commission's quorum of four.<ref>{{cite web|url=https://publicintegrity.org/politics/federal-election-commission-regains-powers-with-new-member/|title=Federal Election Commission Regains Powers With New Member|work=publicintegrity.org|date=May 19, 2020|access-date=May 19, 2020|archive-date=May 26, 2020|archive-url=https://web.archive.org/web/20200526151813/https://publicintegrity.org/politics/federal-election-commission-regains-powers-with-new-member/|url-status=live}}</ref> One meeting was held online, due to the coronavirus pandemic, on June 18, 2020.<ref>{{Cite web |title=June 18, 2020 open meeting |url=https://www.fec.gov/updates/june-18-2020-open-meeting/ |access-date=2020-06-26 |website=FEC.gov |language=en |archive-date=June 26, 2020 |archive-url=https://web.archive.org/web/20200626164443/https://www.fec.gov/updates/june-18-2020-open-meeting/ |url-status=live }}</ref> On June 25, however, [[Caroline C. Hunter|Caroline Hunter]] (Republican) resigned, effective July 3, with the result that the commission once again lacked a quorum.<ref>{{Cite web |last=Lippman |first=Daniel |date=26 June 2020 |title=FEC losing quorum again after Caroline Hunter resigns |url=https://www.politico.com/news/2020/06/26/fec-caroline-hunter-resigns-341396 |access-date=26 June 2020 |website=POLITICO |language=en |archive-date=November 24, 2020 |archive-url=https://web.archive.org/web/20201124130939/https://www.politico.com/news/2020/06/26/fec-caroline-hunter-resigns-341396 |url-status=live }}</ref> On December 9, three new members were confirmed by the Senate.<ref>{{Cite web |url=https://www.rollcall.com/2020/12/09/senate-confirms-three-to-fec-restoring-a-full-slate/ |title=Senate confirms three to FEC, restoring a full slate |access-date=February 10, 2021 |archive-date=February 12, 2021 |archive-url=https://web.archive.org/web/20210212235713/https://www.rollcall.com/2020/12/09/senate-confirms-three-to-fec-restoring-a-full-slate/ |url-status=live |author-first1=Kate|author-last1=Ackley|date=9 December 2020|website=Roll Call}}</ref>

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 Weintraub|Ellen L. Weintraub]] (Democratic) was chair in 2003, 2013, 2019, and 2025.<ref>{{cite web|url=https://www.fec.gov/about/leadership-and-structure/ellen-l-weintraub/|title=Ellen L. Weintraub|work=Federal Election Commission|access-date=January 9, 2020|archive-date=February 8, 2020|archive-url=https://web.archive.org/web/20200208161804/https://www.fec.gov/about/leadership-and-structure/ellen-l-weintraub/|url-status=live}}</ref> President [[Donald Trump]] purportedly fired Weintraub on February 6, 2025; Weintraub has rejected the action, arguing that her removal was unlawful and ''[[ultra vires]]''.<ref name="ReutersContested">[https://www.reuters.com/world/us/us-federal-election-commission-commissioner-chair-says-trump-removed-her-office-2025-02-07/ US Federal Election Commission chair says Trump tried to fire her illegally]. [[Reuters]], February 7, 2025</ref><ref>{{cite x |last1=Weintraub |first1=Ellen |url=https://x.com/EllenLWeintraub/status/1887648967300694270 |access-date=2025-02-06|number=1887648967300694270|user=EllenLWeintraub|title=Received a letter from POTUS today purporting to remove me as Commissioner & Chair of @FEC. There's a legal way to replace FEC commissioners-this isn't it. I've been lucky to serve the American people & stir up some good trouble along the way. That's not changing anytime soon.}}</ref> The chair of the commission in 2022 was [[Allen Dickerson]], who was elected in December 2021, succeeding [[Shana Broussard]].<ref name="Chair2022">{{Cite web |title=Dara Lindenbaum elected Chair, Sean J. Cooksey elected Vice Chair for 2023 |url=https://www.fec.gov/updates/dara-lindenbaum-elected-chair-sean-j-cooksey-elected-vice-chair-for-2023/ |access-date=January 3, 2023 |archive-date=January 3, 2023 |archive-url=https://web.archive.org/web/20230103135552/https://www.fec.gov/updates/dara-lindenbaum-elected-chair-sean-j-cooksey-elected-vice-chair-for-2023/ |url-status=live }}</ref>

== 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.<ref name=":1" />

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. Under the [[Federal Election Campaign Act]], information about individual contributors taken from FEC reports cannot be sold or used for soliciting political or charitable contributions, or for any commercial purpose. This restriction applies only to the use of individual contributor information, and does not apply to candidate committees, [[Political party committee|party committees]], or [[political action committee]]s. The FEC authorizes reporting committees to include up to ten [[Fictitious entry|fictitious records]] as a means to detect data misuse.<ref>{{Cite web |title=Sale or use of contributor information |url=https://www.fec.gov/updates/sale-or-use-contributor-information/ |access-date=2025-01-12 |website=FEC.gov |language=en}}</ref> 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.<ref name=":1" /> The FEC can also publish advisory opinions on campaign finance issues and issue campaign finance regulations.<ref name=":1" />

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.<ref name=":1" /><ref>52 U.S.C. §§ 30106, 30107.</ref> Critics have argued that the even number of commissioners and the supermajority requirement was a "set up for deadlock and political shenanigans,"<ref>Boatright, Robert G. ''The Deregulatory Moment?: A Comparative Perspective on Changing Campaign Finance Laws''. University of Michigan Press 62 (2015).</ref> especially in an age of polarization.<ref name=":1" />

Between 1996 and 2006, the FEC tied in only 2.4% of Matters Under Review (MURs).<ref>Michael M. Franz, ''The Devil We Know? Evaluating the FEC as Enforcer'', 8 ELECTION L.J. 167, 176 (2009).</ref> In 2008 and 2009, such deadlocks spiked to 13% and to 24.4% in 2014.<ref>R. SAM GARRETT, CONG. RES. SERV., NO. R 40779, DEADLOCKED VOTES AMONG MEMBERS OF THE FEDERAL ELECTION COMMISSION (FEC): OVERVIEW AND POTENTIAL CONSIDERATIONS FOR CONGRESS 5, 9-10, 12 (2009).</ref><ref>R. SAM GARRETT, CONG. RES. SERV., NO. R 44319, THE FEDERAL ELECTION COMMISSION: ENFORCEMENT PROCESS AND SELECTED ISSUES FOR CONGRESS 10 (2015).</ref> By 2016, commissioners deadlocked on more than 30% of substantive votes and consequently enforcement intensity decreased significantly.<ref>Eric Lichtblau, ''Democratic Member to Quit Election Commission, Setting Up Political Fight'', N.Y. TIMES (Feb. 19, 2017), www.nytimes.com/2017/02/19/us/politics/fec-elections-ann-ravel-campaign-finance.html <nowiki>[https://perma.cc/2VMR-5A8C]</nowiki>.</ref><ref name=":1" />

== Criticism ==
===Campaign finance===
Critics of the FEC, including many former commissioners<ref>Note, ''Eliminating the FEC: The Best Hope for Campaign Finance Regulation?'' 131 Harv. L. Rev. 1421 (2018).</ref> and [[Campaign finance reform in the United States|campaign finance reform]] supporters, have harshly complained of the FEC's impotence, and accused it of succumbing to [[regulatory capture]] where it serves the interests of the ones it was intended to regulate.<ref>''See, e.g.'', Editorial, ''The Feckless F.E.C., Rebuked'', N.Y. TIMES (Sept. 23, 2016), [https://nyti.ms/2pxe862]{{subscription required}} {{Cite web |title=Archived copy |url=https://www.nytimes.com/2016/09/24/opinion/the-feckless-fec-rebuked.html?smid=pl-share |url-status=bot: unknown |archive-url=https://web.archive.org/web/20240104115219/https://www.nytimes.com/2016/09/24/opinion/the-feckless-fec-rebuked.html?smid=pl-share |archive-date=January 4, 2024 |access-date=January 4, 2024 |website=[[The New York Times]]}} ("[M]ost campaign professionals treat the F.E.C. as an impotent joke . . . .")</ref> The FEC's bipartisan structure, which was established by Congress, renders the agency "toothless."  Critics also claim that most FEC penalties for violating [[election law]] come well after the actual election in which they were committed. Additionally, some critics claim that the commissioners tend to act as an arm of the "regulated community" of parties, interest groups, and politicians when issuing rulings and writing regulations. Others point out, however, that the commissioners rarely divide evenly along partisan lines, and that the response time problem may be endemic to the enforcement procedures established by Congress. To complete steps necessary to resolve a complaint – including time for defendants to respond to the complaint, time to investigate and engage in legal analysis, and finally, where warranted, prosecution – necessarily takes far longer than the comparatively brief period of a political campaign.

While campaigning in the [[2018 United States House of Representatives elections in New York]], Democratic primary candidate Liuba Grechen Shirley used campaign funds to pay a caregiver for her two young children. The FEC ruled that federal candidates can use campaign funds to pay for childcare costs that result from time spent running for office. Grechen Shirley became the first woman in history to receive approval to spend campaign funds on childcare.<ref>{{Cite web |last=Carter |first=Christine Michel |title=Electing A Mother As VP? Vote Mama Resoundingly Says Yes |url=https://www.forbes.com/sites/christinecarter/2020/08/08/electing-a-mother-as-vp-vote-mama-resoundingly-says-yes/ |access-date=2023-06-21 |website=Forbes |language=en |archive-date=June 21, 2023 |archive-url=https://web.archive.org/web/20230621194653/https://www.forbes.com/sites/christinecarter/2020/08/08/electing-a-mother-as-vp-vote-mama-resoundingly-says-yes/ |url-status=live }}</ref>

===First Amendment issues===

Critics including former FEC chairman [[Bradley Smith (law professor)|Bradley Smith]] and Stephen M. Hoersting, former executive director of the [[Institute for Free Speech|Center for Competitive Politics]], criticize the FEC for pursuing overly aggressive enforcement theories that they believe amount to an infringement on the [[First Amendment to the United States Constitution|First Amendment]] right to free speech.<ref>{{cite journal|author=Bradley A. Smith|author2=Stephen M. Hoersting|title=A Toothless Anaconda: Innovation, Impotence, and Overenforcement at the Federal Election Commission|journal=Election Law Journal|volume=1|issue=2|pages=145–171|year=2002|doi=10.1089/153312902753610002}}</ref>

Division over the issue became especially prominent during the last several years of the Obama administration. Commissioners deadlocked on several votes over whether to regulate Twitter, Facebook, and other online mediums for political speech, as well as a vote to punish Fox News for the selection criteria it used in a presidential debate.<ref>{{Cite news|url=https://www.foxnews.com/politics/fec-democrats-tried-to-punish-fox-news-over-debate-changes-files-show|title=FEC Democrats tried to punish Fox News over debate changes, files show|newspaper=[[Fox News]]|first=Judson|last=Berger|date=June 30, 2016|access-date=April 26, 2017|archive-date=April 26, 2017|archive-url=https://web.archive.org/web/20170426152339/http://www.foxnews.com/politics/2016/06/30/fec-democrats-tried-to-punish-fox-news-over-debate-changes-files-show.html|url-status=live}}</ref><ref>{{Cite news|url=http://www.washingtonexaminer.com/regulators-spar-over-whether-unregulated-internet-harms-minorities/article/2603012|title=Regulators spar over whether unregulated Internet harms minorities|newspaper=[[Washington Examiner]]|first=Rudy|last=Takala|author-link=Rudy Takala|date=September 27, 2016|access-date=April 26, 2017|archive-date=December 22, 2017|archive-url=https://web.archive.org/web/20171222050914/http://www.washingtonexaminer.com/regulators-spar-over-whether-unregulated-internet-harms-minorities/article/2603012|url-status=live}}</ref>

===Deadlocks===

Critics of the commission also argue that the membership structure regularly causes deadlocks on 3-3 votes.<ref>[http://www.ombwatch.org/node/11215 CREW Sues the Federal Election Commission over Case Dismissals, OMB Watch, August 17, 2010] {{webarchive|url=http://webarchive.loc.gov/all/20120221220953/http%3A//www.ombwatch.org/node/11215 |date=February 21, 2012 }}</ref> Since 2008, 3-3 votes have become more common at the FEC. From 2008 to August 2014, the FEC has had over 200 tie votes, accounting for approximately 14 percent of all votes in enforcement matters.<ref name=NConfessore>{{cite news|last1=Confessore|first1=Nicholas|title=Election Panel Enacts Policies by Not Acting|url=https://www.nytimes.com/2014/08/26/us/politics/election-panel-enacts-policies-by-not-acting.html|access-date=August 26, 2014|newspaper=The New York Times|date=August 25, 2014|archive-date=November 12, 2020|archive-url=https://web.archive.org/web/20201112031937/http://www.nytimes.com/2014/08/26/us/politics/election-panel-enacts-policies-by-not-acting.html|url-status=live}}</ref>

On May 6, 2021, the FEC closed an inquiry into whether the [[Stormy Daniels–Donald Trump scandal|payment to Stormy Daniels by Donald Trump]] violated campaign financial law during the 2016 election. The FEC voted 2-2, between Democrats and Republicans, against a motion to take further action.<ref>{{Cite web |url=https://www.bbc.com/news/world-us-canada-57029342 |title=Stormy Daniels: US election officials drop Trump hush money probe |access-date=May 8, 2021 |archive-date=May 8, 2021 |archive-url=https://web.archive.org/web/20210508061715/https://www.bbc.com/news/world-us-canada-57029342 |url-status=live }}</ref> Republican Vice Chairman Allen Dickerson recused himself, while independent Commissioner Steven Walther did not vote.<ref>{{Cite web |url=https://thehill.com/homenews/campaign/552398-michael-cohen-stormy-daniels-blast-fec-for-dropping-trump-probe |title=Michael Cohen, Stormy Daniels blast FEC for dropping Trump probe |access-date=May 8, 2021 |archive-date=May 8, 2021 |archive-url=https://web.archive.org/web/20210508065045/https://thehill.com/homenews/campaign/552398-michael-cohen-stormy-daniels-blast-fec-for-dropping-trump-probe |url-status=live }}</ref>

Similarly, in June 2021, the FEC found that ''[[National Enquirer]]'' violated US election laws and $150,000 paid by AMI to [[Karen McDougal]] amounted to an illegal campaign contribution. Publisher AMI agreed to a fine of $187,500. However, the FEC divided 3-3 on party lines on a motion to pursue further investigation into Donald Trump, thus closing the investigation.<ref>{{Cite web |url=https://www.bbc.com/news/world-us-canada-57335148 |title=Karen McDougal: Trump escapes fine in Playboy model payment case |access-date=June 2, 2021 |archive-date=June 5, 2021 |archive-url=https://web.archive.org/web/20210605021710/https://www.bbc.com/news/world-us-canada-57335148 |url-status=live }}</ref>

In June 2023, the FEC deadlocked over requests to create guidelines for campaign advertisements which use content generated by artificial intelligence. The vote failed 3-3 with all Republican commissioners voting against the request and all Democratic commissioners voting in favor, with Republican commissioner Allen Dickerson arguing that the agency did not have the authority to regulate such advertisements."<ref>[https://thehill.com/policy/technology/4103576-how-an-fec-deadlock-is-deterring-a-push-to-regulate-ai-in-campaigns/ How an FEC deadlock is deterring a push to regulate AI in campaigns] {{Webarchive|url=https://web.archive.org/web/20230926173422/https://thehill.com/policy/technology/4103576-how-an-fec-deadlock-is-deterring-a-push-to-regulate-ai-in-campaigns/ |date=September 26, 2023 }}.</ref>

==Commissioners==

===Current===

{| class="wikitable sortable plainrowheaders" style="text-align:center"
|-
! scope="col" width=150 | Name
! scope="col" width=150 | Position
! scope="col" width=100 | Party
! scope="col" width=200 | Appointed by
! scope="col" width=150 | Sworn in
! scope="col" width=200 | Term expires<ref>{{cite web|url=https://www.fec.gov/press/resources-journalists/commissioners/|title=Commissioners - FEC.gov|website=FEC.gov|access-date=June 26, 2018|archive-date=March 18, 2021|archive-url=https://web.archive.org/web/20210318054916/https://www.fec.gov/press/resources-journalists/commissioners/|url-status=live}}</ref>
|-
! scope="row" style="text-align:center;" | {{sortname|James E.|Trainor III}}
| Vice Chair
| {{party shading/Republican}} | Republican
| rowspan="2" | [[Donald Trump]]
| {{dts|2020|06|05}}
| {{dts|2023|04|30}}<br>Term expired—serving until replaced. A replacement's term would expire April 30, 2029.
|-
! scope="row" style="text-align:center;"| {{sortname|Shana M.|Broussard}}
| Commissioner<br>(Chair effective July 1, 2025)<ref>{{Cite web |title=FEC approves two advisory opinions, elects Commissioner Shana M. Broussard as Chair effective July 1, 2025; Commissioner Allen J. Dickerson announces departure from the Commission |url=https://www.fec.gov/press/fec-approves-two-advisory-opinions-elects-commissioner-shana-m-broussard-as-chair-effective-july-1-2025-commissioner-allen-j-dickerson-announces-departure-from-the-commission/ |access-date=May 6, 2025}}</ref>
| {{party shading/Democratic}} | Democratic 
| {{dts|2020|12|15}}
| {{dts|2023|04|30}}<br>Term expired—serving until replaced. A replacement's term would expire April 30, 2029.
|-
! scope="row" style="text-align:center;"| {{sortname|Dara|Lindenbaum}}
| Commissioner
| {{party shading/Democratic}} | Democratic
| [[Joe Biden]]
| {{dts|2022|08|02}}
| {{dts|2027|04|30}}
|-
! scope="row" style="text-align:center;"| ''Vacant''
| Commissioner
|
|
|
| {{dts|2027|04|30}}
|-
! scope="row" style="text-align:center;" | ''Vacant''
|Commissioner
|
|
|
| {{dts|2031|04|30}}
|-
! scope="row" style="text-align:center;" | ''Vacant''
|Commissioner
|
|
|
| {{dts|2031|04|30}}
|}

==Former commissioners and chairmen==
Source:<ref>{{Cite web|url=https://www.fec.gov/about/leadership-and-structure/commissioners/|title=All Commissioners|access-date=December 1, 2020|archive-date=November 27, 2020|archive-url=https://web.archive.org/web/20201127034804/https://www.fec.gov/about/leadership-and-structure/commissioners/|url-status=live}}</ref>
*[[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 Wallace Thomson|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)
*[[Ellen Weintraub]] – December 2002 – February 2025. (by recess appointment on December 6, 2002, confirmed to full term 2003), termination disputed
*[[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.
*[[Sean J. Cooksey]] – December 2020 – January 2025.
*[[Allen Dickerson]] – December 2020 – April 2025.

==See also==
*[[Bipartisan Campaign Reform Act]]
*[[Campaign finance in the United States]]
*[[Dark Money (film)|''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)

==References==
{{reflist}}

==Further reading==
*{{cite news|url=http://www.washingtonexaminer.com/commissioner-fec-power-grabs-are-the-real-dysfunction/article/2578945 |title=Commissioner: FEC power grabs are the real 'dysfunction' |date=January 4, 2016|first=Rudy|last=Takala|author-link=Rudy Takala|newspaper=[[Washington Examiner]]}}
*{{cite news|url=https://www.bostonglobe.com/news/nation/2013/07/06/america-campaign-finance-watchdog-rendered-nearly-toothless-its-own-appointed-commissioners/44zZoJwnzEHyzxTByNL2QP/story.html |title=America's campaign-finance watchdog is rendered nearly toothless by its own appointed commissioners |date=July 7, 2013| author=Christopher Rowland |newspaper=[[The Boston Globe]]}}
*{{cite news|url=http://www.businessweek.com/articles/2013-05-02/will-the-federal-election-commission-ever-work-again |archive-url=https://web.archive.org/web/20130510161514/http://www.businessweek.com/articles/2013-05-02/will-the-federal-election-commission-ever-work-again |url-status=dead |archive-date=May 10, 2013 |title=Will the Federal Election Commission Ever Work Again? |date=May 2, 2013|newspaper=[[BusinessWeek]]}}

==External links==
{{commons category}}
* {{Official website|https://www.fec.gov/}}
* [https://www.federalregister.gov/agencies/federal-election-commission Federal Election Commission] in the ''[[Federal Register]]''

{{Election commissions in the United States}}
{{National election commissions}}
{{Presidency of Gerald Ford}}
{{authority control}}

[[Category:Federal Election Commission| ]]
[[Category:Election commissions|United States]]
[[Category:Government agencies established in 1974]]
[[Category:Independent agencies of the United States government]]
[[Category:Organizations based in Washington, D.C.]]