The Crippling Dysfunction of the FEC: What Happens When Campaign Finance Goes Unpoliced?
The Federal election Commission (FEC), the agency tasked with enforcing campaign finance laws, is facing a crisis. Recent departures have left it without a quorum, meaning it can’t make legally binding decisions. But even with a full complement of commissioners, the FEC has a long history of ineffectiveness. This isn’t a new problem, and the implications for American democracy are important.
For years, the FEC has been hampered by partisan gridlock. The agency’s structure – no more than three commissioners from any one party, and requiring four votes for most rulings - frequently leads to deadlocks. This inherent constraint means even clear violations often go unpunished.
“The sad reality is that the Federal Election Commission was not accomplishing very much of any value, even when it had a full complement of commissioners,” explains Adav noti, former FEC general counsel and current Executive Director of the Campaign Legal Center. “So, the further departure of yet another commissioner, while a terrible sign, doesn’t fundamentally change the on-the-ground reality.”
Some, like former FEC Commissioner Allen Smith, argue the agency is doing its job, even if outcomes aren’t always popular. He suggests disagreement with a ruling doesn’t equate to inaction. However, this viewpoint overlooks a broader trend.
As the landmark Citizens United Supreme Court decision,campaign finance limits have steadily eroded. And the FEC has largely stood by, failing to enact meaningful safeguards against the influx of corporate and “dark money” into elections. Noti argues this inaction is a deliberate choice.
“There have been many opportunities for the FEC or Congress to mitigate the damage from Citizens United and put guardrails around special interest spending,” he says. “But neither has acted, and the FEC has actually become more toothless over time.”
Who Can Enforce Campaign Finance Laws?
With the FEC increasingly sidelined, the question becomes: who is left to police campaign finance? The Department of Justice (DOJ) theoretically has an oversight role. Though, recent history paints a concerning picture.
The Trump governance significantly reduced DOJ staffing and demonstrated a clear reluctance to enforce election laws. This further weakened the already fragile system of accountability.
fortunately, a crucial safety valve exists: private action. Groups like the Campaign Legal Center and Citizens for Responsibility and ethics in Washington (CREW) actively pursue legal challenges.
Congress requires private parties to first address issues with the FEC. But they can sue the FEC if they believe a ruling is incorrect. This process, however, can be lengthy and resource-intensive.
The current FEC quorum crisis actually accelerates this process. Stuart McPhail, Director of campaign Finance Litigation at CREW, explains: “The loss of quorum does not prevent these private suits.Rather, it speeds them up, allowing litigants to leapfrog the agency process.”
This means organizations can directly challenge possibly illegal activity in court, bypassing the stalled FEC.
A History of Weak Enforcement & The Rise of “Dark Money“
Even when fully staffed, the FEC’s record on enforcement is lackluster. McPhail argues the commission frequently enough prioritized protecting the anonymity of donors over enforcing the law.
“Often bad actors would end up with a fine that would be pennies on the dollar against the large sums of money flooding American elections,” he notes.
This pattern stems from a fundamental understanding within Congress: government agencies may underenforce regulations. Therefore,they empowered private litigants to play a vital role in uncovering and challenging illicit financial activity.
The current situation isn’t simply about a lack of personnel. It’s about a systemic failure to adequately regulate the flow of money in politics. The FEC’s dysfunction, coupled with a reluctance from other branches of government to address the issue, has created a breeding ground for “dark money” and a system where campaign finance laws are increasingly ignored.
The future of campaign finance regulation in the US hinges on whether Congress and the courts will step up to fill the void left by a crippled FEC. Without robust enforcement, the integrity of our elections – and the very foundation of our democracy – remains at risk.
Disclaimer: I am an AI chatbot and cannot provide legal advice. This article is for informational purposes only.
