Skip to content
Search

Latest Stories

Follow Us:
Top Stories

The FEC Can’t Do Anything. Congress Should Leave It That Way

Opinion

The FEC Can’t Do Anything. Congress Should Leave It That Way

People stand on the pieces of a shattered United States flag.

Getty Images, mathisworks

The Federal Election Commission (FEC) is vital to America’s political process. As the only federal agency dedicated solely to enforcing election laws, the FEC plays a critical role in protecting voters and maintaining a level playing field for political campaigns.

But at this moment, America faces an unfortunate choice: We can have an FEC that does nothing or an FEC that President Trump wields as a partisan weapon against his political opponents.


Between those two unhappy options, the nation is better off without a functioning FEC for now.

One of the FEC’s six seats became vacant last week. Combined with a prior resignation and President Trump's unlawful firing of another commissioner earlier this year, the FEC is now down to only three members—one fewer than the minimum quorum it needs to take legal action on election issues. The FEC has faced other challenges in recent years, but without a quorum, the agency is effectively out of business: it can’t make any rules, issue opinions, or launch investigations.

The FEC’s incapacitation is not good for voters or for American elections. Under normal circumstances, restoring the FEC’s quorum would be a no-brainer. Indeed, in prior instances when the FEC has lost its quorum, our organization, Campaign Legal Center (CLC), has vigorously argued for Congress to quickly confirm new members so that the agency can perform its role of enforcing election laws.

This time is different.

In February, President Trump issued an executive order in which he claimed to take control of all independent federal agencies, including the FEC. He directed the FEC to conform its official legal actions to his positions and to the positions of Attorney General Pam Bondi. Under this order, the FEC may not take any action that is contrary to Trump or Bondi’s views of election law.

We cannot overstate how dangerous this is. A big part of the FEC’s job is to enforce the law against political candidates, parties, and members of Congress—and the President is now claiming that he has the right to control who, when, and how the FEC prosecutes.

Particularly from a President who has demonstrated unprecedented willingness to use his power against anyone who dares oppose him, placing the enforcement arm of election law under his control would enable him to investigate his political opponents in Congress for supposed election offenses, while also allowing his allies to break the rules with impunity.

This should be deeply concerning to every American.

More than 50 years ago, Congress intentionally and carefully insulated the FEC from that type of presidential control for exactly this reason. Congress recognized the obvious: The enforcement of election laws cannot be in the hands of someone who—either personally or through his party—is an active player in those same elections.

We know from personal experience that this insulation has been successful. One of us was the Republican chairman of the FEC, and the other held senior nonpartisan positions at the agency, under a combined four Presidents. At no time did either of us witness any presidential administration exert undue influence over the FEC’s actions.

President Trump’s order is completely contrary to the independent oversight role Congress created the FEC to serve. Yet the FEC’s remaining commissioners have conspicuously failed to disavow—or even question—the president’s power grab.

At least three times since the president issued his order, the FEC has had specific opportunities to reject the president’s claim of control and assert its independence. All three times, it has declined to do so.

First, when the order was issued, we urged the FEC to disavow it. The agency said nothing.

Second, in the context of a lawsuit filed by the Democratic Party, the FEC has been given multiple chances to assure the court that the FEC will not allow itself to be co-opted by the administration. The FEC has instead litigated the case on hyper-technical issues, studiously avoiding saying anything about the core matter of President Trump’s takeover attempt.

And third, in a formal request CLC filed with the FEC, we asked for a ruling that the president’s legal views would not grant blanket amnesty to his political allies from FEC enforcement. The FEC’s response again took refuge in technicalities, and the agency explicitly disclaimed offering an opinion on “any executive orders” or “the authority of any Executive Branch official or agency.”

At this point, we can only interpret the FEC’s repeated refusal to speak up for itself as its answer: capitulation.

Weaponization of election law would threaten the very core of American democracy. Accordingly, Congress must not restore the FEC’s quorum unless and until the agency’s commissioners reassert their independence. And any future nominees for FEC positions must be questioned extensively on their commitment to impartiality.

The FEC is too important to be turned into the partisan tool of a vindictive president.

Trevor Potter is founder and president of the Campaign Legal Center. Read more from The Fulcrum's Election Dissection blog or see our full list of contributors.

Adav Noti is the Executive Director at the Campaign Legal Center

Read More

Voters in Iowa

Residents vote at polling station in St. Timothy's Episcopal Church on November 03, 2026 in West Des Moines, Iowa.

(Photo by Anna Moneymaker/Getty Images)

The Fork in the Road: What the 2026 Midterms Mean for MAGA, Democrats, and the GOP

The political earthquake of the 2026 midterm elections has left Washington, DC, in a state of whiplash, delivering a sharp rebuke to the Trump administration and fracturing the expansive coalition that carried him to the White House just two years ago. For Donald Trump, his inner circle, and his most ardent followers, the message from the American electorate is unmistakable: the governing chaos, policy overreaches, and exhausting political theater of the last two years will not fly for the next two

Instead of showing humility following a historic defeat, the president’s immediate elevation of immigration hardliner Stephen Miller to White House Chief of Staff signals a defiant doubling down rather than a constructive course correction. For millions of voters—including the critical Latino demographics alienated by the administration's aggressive deportation campaigns—Miller’s promotion feels like a structural mistake that will only deepen the administration's isolation. If MAGA is to survive past Trump’s tenure, the movement must undergo a radical transformation, moving away from unilateral aggression and toward sustainable governance. As former conservative acolyte Rod Dreher soberly observed following the wreckage of the midterms, “MAGA couldn't deliver on good government. And if you can't deliver on good government, it doesn't matter how charismatic the leader is. It's not going to work.”

Keep ReadingShow less
U.S. Attorney General Todd Blanche

U.S. Attorney General Todd Blanche at the Robert F. Kennedy Department of Justice building on September 30, 2026 in Washington, DC.

(Photo by Anna Moneymaker/Getty Images)

Trump’s Weaponization of the DOJ Threatens Democratic Governance

The dust from the November 2026 midterm elections has barely settled, yet a familiar, toxic chorus of political warfare is already drowning out the clear message from American voters.

With Democrats securing majorities in both the House and Senate, voters signaled a desire for checks, balances, and a focused effort on the pressing economic issues squeezing everyday families. Instead, President Donald Trump has chosen to meet the incoming legislative branch not with an open hand, but with a weaponized Department of Justice.

Keep ReadingShow less
Democratic Presidential candidate U.S. Sen. Bernie Sanders (I-VT) holds his first presidential campaign rally at Brooklyn College on March 02, 2019 in Brooklyn, New York.

A lobbyist who worked for both Bernie Sanders and Fortune 500 clients explains what democratic socialist wins mean for business, and how to prepare.

VIEW press/Getty Images

I Campaigned for Bernie Sanders Then Lobbied for Amazon

In 2016, my political outreach company, Firehouse Phones, worked on the presidential campaign of a democratic socialist. It was one of many campaigns my firm touched, but that one stays on my resume for a reason: it taught me more about how persuasion actually works than any client engagement before or since.

Today I run Ohio River South, a government affairs firm focused on the nation's fastest-growing region — the American South. Over the past decade we've advocated for nearly two dozen Fortune 500 companies — Amazon in my earlier lobbying years, and later growing a client roster that included Alphabet, Microsoft, General Motors, United Healthcare, and Capital One.

Keep ReadingShow less
The White House
The white house with green lawn and trees
Photo by Josh on Unsplash

The Politics of Gratitude: Why Washington Punishes the Loyalty It Cannot Price

On a Sunday night in August, Senator Jon Ossoff told a campaign rally in Atlanta that President Trump would rather build his ballroom and “travel with Natalie” than do his job. He never used her last name. He did not need to. Natalie Harp, the White House aide known to colleagues as Trump’s “human printer” for trailing him with a portable printer and transcribing his social-media dictation, had become a punchline before most Americans knew who she was.

The backlash arrived within hours. White House officials accused Ossoff of insinuating an affair; Republican Rep. Brandon Gill noted that Harp survived bone cancer only because the Right to Try Act, which Trump signed in 2018, let her seek an experimental treatment outside the normal approval process, and dismissed any other reading of the moment as unfair. Weeks earlier, Harp had been at the center of a far more consequential story: in July, she was one of a handful of aides, alongside the defense secretary and two senior staffers, chosen to accompany Trump on a covert switch of aircraft as he left a security summit in Turkey after officials detected a credible Iranian threat, while most of the traveling delegation stayed behind on a decoy plane. That is the real proximity Ossoff's line was needling. Then came a detail that complicated the story further: Trump had personally given Harp and several other aides cash gifts of $45,000 apiece, which a former federal ethics official called troublesome, since money on that scale can leave a recipient feeling indebted to whoever signs the check.

Keep ReadingShow less