The Watchdog That Won’t Bark – How FEC Dysfunction Threatens Democracy

The American people are being asked to trust a democracy that is, at its core, unguarded.

Right now — in the middle of a national election cycle — the Federal Election Commission (FEC) has just three active commissioners out of six. That makes it legally unable to act on violations, issue rules, or even respond to urgent questions about election law. It’s not just gridlock; it’s institutional paralysis — and it’s happening on purpose.

As of August 2025, the remaining three commissioners are:

• Dara Lindenbaum (Democrat)
• Shana M. Broussard (Democrat)
• Trey Trainor (Republican)

Former Commissioner Ellen Weintraub, also a Democrat, is no longer voting and is not listed as active. With no fourth member, the Commission lacks a quorum, meaning it cannot legally take action — including appointing new commissioners.

The FEC is supposed to be the referee that keeps our elections fair, transparent, and accountable. Instead, it’s been sidelined by years of intentional neglect, partisan obstruction, and political self-interest. And who benefits? Those who are willing to bend or break the rules to stay in power.

A System Designed to Fail

Congress created the FEC after Watergate to serve as a nonpartisan watchdog. But it has a fatal flaw: it requires four votes to take any action. With six commissioners split evenly between the two major parties, all it takes is one party refusing to play ball to stop enforcement entirely.

What we have today is worse: just three commissioners are seated. This means:

• No investigations of illegal campaign donations
• No rulings on dark money disclosures
• No enforcement of super PAC coordination violations
• No action at all

And with no quorum, there’s no way to even confirm new commissioners. This is not oversight; it’s sabotage.

How This Connects to Gerrymandering

The dysfunction of the FEC is precisely why, in The People’s Redistricting Act of 2025, I refused to entrust them with oversight. Instead, the Act proposes a new citizen-approved model that uses nonpartisan AI to generate district maps, which are then voted on directly by the people.

In contrast to the FEC’s gridlocked model, this process:

• Requires no partisan appointees
• Operates transparently and publicly
• Returns power to voters rather than to entrenched elites

The lesson is clear: we cannot protect democracy using broken institutions. We must build new ones rooted in accountability and simplicity.

A Call for Structural Reform

If we’re serious about safeguarding our elections, we must:

1. Reform the structure of the FEC to eliminate the built-in deadlock.
2. Ensure timely appointments through fast-track confirmation procedures.
3. Expand the role of nonpartisan agencies, such as the Election Assistance Commission, to ensure continuity when the FEC fails.

But more than that, we need to listen to the growing cry from the American people: They are tired of being shut out, gerrymandered, and governed by systems that protect power instead of public trust.

We Can’t Wait

Every day the FEC remains broken is a day we accept an election system without referees. That is not democracy. That is a slow descent into democratic decay.

We don’t have to accept this. We can reform it. We can build something better.

Let's start by urging Congress to pass The People’s Redistricting Act — and by demanding that our institutions work for us, not against us.

Keith Davenport is a candidate for U.S. Congress, NC-06.