Skip to content
Search

Latest Stories

Follow Us:
Top Stories

With FEC impotent, advocacy group asks court to enforce campaign law

Don McGahn and Matthew Peterson, formerly of Federal Election Commission

Before he was White House counsel, Don McGahn was on the FEC in 2011 with Matthew Peterson, right. Peterson's departure this summer has left the commission without a quorum and unable to do business.

Alex Wong/Getty Images

If the Federal Election Commission can't get its act together, the Campaign Legal Center is going to take matters into its own hands.

The nonpartisan group, which advocates for tougher money-in-politics regulations, has filed a lawsuit asking a federal judge to take over a complaint it's submitted to the FEC.

That complaint is among more than 300 gathering dust at the agency's offices. That's because the FEC has been effectively shut down for more than six months, unable to conduct any oversight of the financing of 2020 presidential and congressional campaigns. Four commissioners have to be on the job for substantive business to get done, and there have been just three since Republican Matthew Petersen resigned at the end of August.


On Wednesday, the Senate scheduled a hearing for next week on the one person President Trump has picked for the commission: Trey Trainor, the assistant general counsel of the Texas GOP, whose nomination has been languishing for two years.

Until the Senate confirms him, however, the FEC may not:

  • Conduct meetings.
  • Determine violations of campaign finance laws and penalize the offenders.
  • Conduct routine audits of candidate campaign committees.
  • Open new investigations or rule on existing ones.
  • Issue advisory opinions when asked by candidates to clarify the intricacies of campaign finance law.

The scheduling of Trainor's hearing suggests that Majority Leader Mitch McConnell, a committed campaign finance deregulator, has decided to reopen the FEC for the height of the political season — but in a way that assures it will be minimally active. Most actions require four votes, and the commission would be expected to deadlock 2-2 along party lines with Trainor on board.

Last September the CLC complained to the agency that a mysterious entity was violating election law by posting Facebook advertisements supporting Green Party candidates in five competitive House and Senate races. The advocacy group said it could find no information about the group that claimed to have created the ads, called American Progress Now.

In its lawsuit, filed last week, CLC notes that a provision in federal law permits the filing of such complaints in an effort to get a federal judge to order the FEC to act on a complaint. And if the agency does not — or, in this case, cannot — act within a certain period of time, the plaintiff is authorized to take the matter to the court and ask it to enforce campaign finance laws.

Getting a handle on digital political spending is particularly important now because this year's online campaign efforts are expected to be the most expensive in American history with an estimated $2.8 billion being spent, the CLC said.

"If nothing is done, the FEC will instead be sending a message that anonymous or fake entities like America Progress Now can pop into existence just prior to an election, exploit lax registration and reporting requirements by digital platforms, spend unlimited sums of money, and then disappear into thin air once an election is over," the group said.

Since neither party can hold more than three seats on the FEC, nominees are usually advanced in bipartisan pairs. Senate Democrats say their choice for a coupling with Trainor would be senior FEC attorney Shana Broussard, but she has not been nominated.

Since the three current commissioners are all serving well beyond their six-year terms, as the law allows, some campaign advocacy groups say that an entire slate of six new commissioners should be nominated, three from each party.


Read More

Americans Vote In The 2024 Presidential Election

Voters cast their ballots on November 5, 2024 in Jefferson, New Hampshire.

John Tully/Getty Images

Non-Popular Vote Presidents: Conservatives’ Pathways for Abandoning Fiscal Responsibility

In political science and macroeconomic analysis, conservative administrations that win governance through the Electoral College without securing the national popular vote (historically exemplified by administrations like George W. Bush in 2000 and Donald Trump in 2016) navigate specific structural, ideological, and strategic pathways that often lead to the abandonment of traditional fiscal restraint.

Supply-Side Supremacy and "Starve the Beast"

Keep ReadingShow less
Texas City, Galveston County, industrial skyline.

Texas City, Galveston County, industrial skyline. While still battling legal challenges over a map in 2021 that voting rights advocates said diluted the voting power of Black and Latino voters, Galveston County has now redrawn its precinct lines again, just months before the 2026 general election.

Getty Images

What We Know About Galveston County’s Redistricting and What It Means for Voters

Galveston County’s decision to redraw local precinct lines this year between the primary and general elections means some voters could cast general election ballots in contests where they had no say in the primary, unless the courts intervene.

Election experts say they’re not aware of any prior instance where this has happened. Galveston County’s latest round of changes is adding new complications to a long-running lawsuit over the maps the county had adopted in 2021, and voting rights advocates say the new maps could further dilute Black and Latino voting power in the county.

Keep ReadingShow less
Montanans Urged To Defend Voter Integrity in November Elections

The Trump administration’s Justice Department has filed 30 lawsuits against states refusing to hand over voter rolls, which include personal information including Social Security and driver’s license numbers.

Adobe Stock

Montanans Urged To Defend Voter Integrity in November Elections

Democracy watchdogs warned President Donald Trump is setting the stage to tap emergency powers to ensure Republicans do not lose control of Congress in November’s midterm elections.

Since January, the Trump administration has used federal law enforcement to raid election facilities to seize ballots and voting machines in places like Georgia and Puerto Rico. Trump continues to cast doubt on the integrity of elections in Montana and across the nation.

Keep ReadingShow less
GOP Claims of Voter Disenfranchisement Are a Self-Fulfilling Prophecy

Repeated claims of voter fraud have eroded Republican trust in mail-in voting. Explore how GOP rhetoric surrounding mail ballots risks depressing conservative turnout ahead of the 2026 midterms.

ArtMarie/Getty Images

GOP Claims of Voter Disenfranchisement Are a Self-Fulfilling Prophecy

Trump’s efforts to sow seeds of doubt in the election process have had an unintended yet predictable effect on the 2026 midterms: many Republican voters no longer trust mail-in voting.

When City Councilmember Nithya Raman surged from behind in the Los Angeles mayoral primary as late mail-in ballots were counted, some members of the GOP pointed to a broken election system. In reality, they were watching California elections function exactly as designed — slow, scrupulous, but secure.

Keep ReadingShow less