Federal Election Commission Has A Quorum And A Backlog The FEC has not been able to operate since July, and there's a lot to do. Complaints against the Trump campaign and Mike Bloomberg are among the cases awaiting action.
NPR logo

The Federal Election Commission Can Finally Meet Again. And It Has A Big Backlog

  • Download
  • <iframe src="https://www.npr.org/player/embed/949672803/950314993" width="100%" height="290" frameborder="0" scrolling="no" title="NPR embedded audio player">
  • Transcript
The Federal Election Commission Can Finally Meet Again. And It Has A Big Backlog

The Federal Election Commission Can Finally Meet Again. And It Has A Big Backlog

  • Download
  • <iframe src="https://www.npr.org/player/embed/949672803/950314993" width="100%" height="290" frameborder="0" scrolling="no" title="NPR embedded audio player">
  • Transcript

ARI SHAPIRO, HOST:

For the first time since July, the Federal Election Commission has a quorum. That means the agency, which enforces federal campaign finance law, can once again investigate and act on possible violations. And even though the 2020 election cycle is all but over, there is still plenty for the six commissioners to pursue, as NPR's Brian Naylor reports.

BRIAN NAYLOR, BYLINE: The FEC has not been able to operate since July, when a Republican commissioner resigned, leaving it short of the four commissioners necessary to meet. Following Senate action in early December, it now has a full complement of six commissioners. Three are Democrats, two are Republicans, and one's an independent. But former FEC associate counsel Adav Noti is not expecting much.

ADAV NOTI: No, I would not say I'm hopeful about the FEC performing any of its functions. I think the restoration of the quorum means that the agency will resolve matters, but those resolutions are likely to be partisan deadlocks in all but the most trivial of cases.

NAYLOR: Noti, now with the Campaign Legal Center, says the divisions on the commission fall along ideological lines.

NOTI: The usual situation has been that the Democratic FEC commissioners have tried to enforce campaign finance law against both Democrats and Republicans - have tried to enforce it somewhat stringently. And the Republican commissioners have generally opposed enforcement of the law, regardless of whether the lawbreaker was a Republican group or a Democratic group.

NAYLOR: Bradley Smith is a former Republican FEC chairman. He says the differences on the panel are usually over how campaign law should be interpreted.

BRADLEY SMITH: I think this idea that the commission frequently deadlocks is probably vastly overstated. The - most of the cases are pretty routine. It does come up on questions of how aggressively, I think, at times to interpret the law and whether one views it as something that should be interpreted narrowly or broadly in scope.

NAYLOR: While the FEC was idled by a lack of a quorum, it amassed a backlog of some 446 cases. Smith says one issue he'd like the commission to address is political contributions by nonprofits - say, the Sierra Club or National Right to Life. He says it's unclear whether the names of donors to those groups who may not have given for political reasons but to support the cause should be disclosed.

SMITH: And so under the law, it's not quite clear how much they need to disclose in terms of donors who may have given for totally different reasons. And it's not like a donor who gives to a campaign or a donor who gives to a political party or a PAC and expects it to be used on politics. So this is a tough issue out there.

NAYLOR: Another big case, says Michael Beckel with the political reform group Issue One, pertains to Michael Bloomberg. Beckel says the former New York City mayor transferred $18 million from his failed presidential bid this year to the Democratic Party.

MICHAEL BECKEL: Michael Bloomberg self-funded his presidential campaign, which made this $18 million transfer essentially an $18 million donation from him to the DNC, which far exceeded our campaign contribution limits. So that's a big high-profile case that is a complaint that's still pending before the FEC.

NAYLOR: As is another complaint filed by the Campaign Legal Center against the Trump campaign and a related political action committee charging it disguised nearly $170 million in campaign spending by laundering it through firms created by Trump's former campaign manager. It's a charge the Trump campaign has denied.

Brian Naylor, NPR News.

(SOUNDBITE OF PHOENIX'S "DEFINITIVE BREAKS")

Copyright © 2020 NPR. All rights reserved. Visit our website terms of use and permissions pages at www.npr.org for further information.

NPR transcripts are created on a rush deadline by Verb8tm, Inc., an NPR contractor, and produced using a proprietary transcription process developed with NPR. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.