47-572: The Federal Election Commission ( FEC ) is an independent agency of the United States government that enforces U.S. campaign finance laws and oversees U.S. federal elections . Created in 1974 through amendments to the Federal Election Campaign Act , the commission describes its duties as "to disclose campaign finance information, to enforce the provisions of the law such as the limits and prohibitions on contributions, and to oversee
94-639: A Commissioner on the Federal Election Commission . Ellen Weintraub began her career in private practice as a litigator with the New York firm of Cahill Gordon & Reindel . Weintraub was then counsel to the Committee on Standards of Official Conduct for the U.S. House of Representatives (the House Ethics Committee), where she advised members on investigations. She focused on implementing
141-491: A caregiver for her two young children. The FEC ruled that federal candidates can use campaign funds to pay for childcare costs that result from time spent running for office. Grechen Shirley became the first woman in history to receive approval to spend campaign funds on childcare. Critics including former FEC chairman Bradley Smith and Stephen M. Hoersting, former executive director of the Center for Competitive Politics , criticize
188-448: A commission, board, or similar collegial body consisting of five to seven members who share power over the agency. (This is why many independent agencies include the word "Commission" or "Board" in their name.) The president appoints the commissioners or board members , subject to Senate confirmation, but they often serve terms that are staggered and longer than a four-year presidential term, meaning that most presidents will not have
235-430: A complaint – including time for defendants to respond to the complaint, time to investigate and engage in legal analysis, and finally, where warranted, prosecution – necessarily takes far longer than the comparatively brief period of a political campaign. While campaigning in the 2018 United States House of Representatives elections in New York , Democratic primary candidate Liuba Grechen Shirley used campaign funds to pay
282-547: A fine of $ 187,500. However, the FEC divided 3-3 on party lines on a motion to pursue further investigation into Donald Trump, thus closing the investigation. In June 2023, the FEC deadlocked over requests to create guidelines for campaign advertisements which use content generated by artificial intelligence. The vote failed 3-3 with all Republican commissioners voting against the request and all Democratic commissioners voting in favor, with Republican commissioner Allen Dickerson arguing that
329-506: A list of all donors over $ 200, along with each donor's home address, employer and job title. This database also goes back to 1980. Private organizations are legally prohibited from using this data to solicit new individual donors (and the FEC authorizes campaigns to include a limited number of "dummy" names as a measure to prevent this), but may use this information to solicit political action committees . The FEC also maintains an active program of public education, directed primarily to explaining
376-526: A narrower sense, the term independent agency refers only to these independent regulatory agencies that, while considered part of the executive branch, have rulemaking authority and are insulated from presidential control, usually because the president's power to dismiss the agency head or a member is limited. Independent agencies can be distinguished from the federal executive departments and other executive agencies by their structural and functional characteristics. Their officers can be protected from removal by
423-420: A narrower sense, the term refers only to those independent agencies that, while considered part of the executive branch , have regulatory or rulemaking authority and are insulated from presidential control, usually because the president's power to dismiss the agency head or a member is limited. Established through separate statutes passed by Congress , each respective statutory grant of authority defines
470-493: A quorum. On December 9, three new members were confirmed by the Senate. The chair of the commission rotates among the commissioners each year, with no commissioner serving as chair more than once during a six-year term. However, a commissioner may serve as chair more than once if they serve beyond the six-year mark and no successor is appointed; for example, Ellen L. Weintraub (Democratic) was chair in 2003, 2013 and 2019. The chair of
517-498: A statement calling for her to be investigated for ethics violations. Weintraub subsequently defended her actions and maintained that the alleged fraud would constitute a violation of federal campaign finance laws, which is germane to her position as a FEC commissioner. After Trump repeated these claims at an August campaign rally in 2019, Weintraub wrote a letter asking Trump to produce evidence of his assertions. During 2017, Weintraub championed greater disclosure of political ads on
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#1732837936861564-411: A vote to punish Fox News for the selection criteria it used in a presidential debate. Critics of the commission also argue that the membership structure regularly causes deadlocks on 3-3 votes. Since 2008, 3-3 votes have become more common at the FEC. From 2008 to August 2014, the FEC has had over 200 tie votes, accounting for approximately 14 percent of all votes in enforcement matters. On May 6, 2021,
611-406: Is appointed for a six-year term, but each ending on April 30. Two commissioners are appointed every two years. However, commissioners continue to serve after their terms would expire until a replacement is confirmed, but may resign at any time. By law, no more than three commissioners can be members of the same political party . The commission had fewer than six commissioners for several years after
658-513: Is required for a decision. Critics have argued that the even number of commissioners and the supermajority requirement was a "set up for deadlock and political shenanigans," especially in an age of polarization. Between 1996 and 2006, the FEC tied in only 2.4% of Matters Under Review (MURs). In 2008 and 2009, such deadlocks spiked to 13% and to 24.4% in 2014. By 2016, commissioners deadlocked on more than 30% of substantive votes and consequently enforcement intensity decreased significantly. Critics of
705-460: The Federal Election Campaign Act (FECA), to enforce and regulate campaign finance law. Initially, its six members were to be appointed by both houses of Congress and the president, reflecting a strong desire for Congress to retain control. Two commissioners were to be appointed by the president pro tempore of the Senate and two by the speaker of the House of Representatives , each upon recommendation by
752-839: The Securities and Exchange Commission , the Federal Reserve , the Commodity Futures Trading Commission , the Federal Deposit Insurance Corporation , and the Consumer Financial Protection Bureau . Generally, the heads of independent regulatory agencies can only be removed for cause, but Cabinet members and heads of independent executive agencies, such as the head of the Environmental Protection Agency , serve "at
799-759: The Ethics Reform Act of 1989 ( Pub. L. 101–194 ) and subsequent changes to the House Code of Official Conduct. She also served as editor in chief of the House Ethics Manual and as a principal contributor to the Senate Ethics Manual. Weintraub subsequently returned to private practice as counsel at Perkins Coie LLP, where she was a member of its Political Law Group. There, she counseled clients on federal and state campaign finance laws, political ethics , nonprofit law, and lobbying regulation. During
846-613: The FEC closed an inquiry into whether the payment to Stormy Daniels by Donald Trump violated campaign financial law during the 2016 election. The FEC voted 2-2, between Democrats and Republicans, against a motion to take further action. Republican Vice Chairman Allen Dickerson recused himself, while independent Commissioner Steven Walther did not vote. Similarly, in June 2021, the FEC found that National Enquirer violated US election laws and $ 150,000 paid by AMI to Karen McDougal amounted to an illegal campaign contribution. Publisher AMI agreed to
893-512: The FEC for pursuing overly aggressive enforcement theories that they believe amount to an infringement on the First Amendment right to free speech. Division over the issue became especially prominent during the last several years of the Obama administration. Commissioners deadlocked on several votes over whether to regulate Twitter, Facebook, and other online mediums for political speech, as well as
940-601: The FEC, Weintraub was elected Chair of the Commission for 2003. She is the third woman to serve on the Commission, following Republicans Lee Ann Elliott and Joan Aikens. In June 2008, two more women, Democrat Cynthia L. Bauerly and Republican Caroline C. Hunter , joined Weintraub on the Commission. Weintraub has been vocal about the need for strong regulations in campaign finance - especially to curb "soft money" influences and upholding governmental authority to deter corruption in election campaigns. In July 2013, while Weintraub
987-446: The FEC, including many former commissioners and campaign finance reform supporters, have harshly complained of the FEC's impotence, and accused it of succumbing to regulatory capture where it serves the interests of the ones it was intended to regulate. The FEC's bipartisan structure, which was established by Congress, renders the agency "toothless." Critics also claim that most FEC penalties for violating election law come well after
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#17328379368611034-484: The actual election in which they were committed. Additionally, some critics claim that the commissioners tend to act as an arm of the "regulated community" of parties, interest groups, and politicians when issuing rulings and writing regulations. Others point out, however, that the commissioners rarely divide evenly along partisan lines, and that the response time problem may be endemic to the enforcement procedures established by Congress. To complete steps necessary to resolve
1081-565: The agency did not have the authority to regulate such advertisements." Source: Independent agencies of the United States government [REDACTED] [REDACTED] In the United States government , independent agencies are agencies that exist outside the federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President . In
1128-461: The agency's enforcement docket and 227 items waiting for action. In December 2020, three commissioners were appointed to restore a quorum; however, deadlocks arising from the equal number of members from the Republican and Democratic parties with the absence of a tie-breaking vote has resulted in some controversial investigations not being pursued. The FEC was established in 1974, in an amendment of
1175-500: The commission in 2022 is Allen Dickerson , who was elected in December 2021, succeeding Shana Broussard . The FEC administers federal campaign finance laws. It enforces limitations and prohibitions on contributions and expenditures, administers the reporting system for campaign finance disclosure, investigates and prosecutes violations (investigations are typically initiated by complaints from other candidates, parties, watchdog groups, and
1222-590: The commissioners – the Appointments Clause of the Constitution vests that power in the president. The Senate does participate, however, in appointments through " advice and consent ", which occurs through confirmation hearings and votes on the president's nominees. These agencies are not represented in the cabinet and are not part of the Executive Office of the president: Although not officially part of
1269-653: The election contest arising out of the 1996 election of Senator Mary Landrieu (D-LA), Weintraub served on the legal team that advised the Senate Rules Committee . Weintraub received a recess appointment to the Federal Election Commission on December 6, 2002, and took office on December 9, 2002. She was renominated on January 9, 2003, and confirmed by unanimous consent of the United States Senate on March 18, 2003. Shortly after her arrival at
1316-474: The executive branch, these agencies are required by federal statute to release certain information about their programs and activities into the Federal Register , the daily journal of government activities: [REDACTED] This article incorporates public domain material from Independent Agencies . USA.gov . Ellen Weintraub Ellen L. Weintraub is an American attorney who serves as
1363-651: The goals the agency must work towards, as well as what substantive areas, if any, over which it may have the power of rulemaking. These agency rules (or regulations), when in force, have the power of federal law. Independent agencies exist outside the federal executive departments (those headed by a Cabinet secretary) and the Executive Office of the President. There is a further distinction between independent executive agencies and independent regulatory agencies, which have been assigned rulemaking responsibilities or authorities by Congress. The Paperwork Reduction Act lists 19 enumerated "independent regulatory agencies", such as
1410-415: The governing statute, but the functional differences have more legal significance. In reality, the high turnover rate among these commissioners or board members means that most presidents have the opportunity to fill enough vacancies to constitute a voting majority on each independent agency commission within the first two years of the first term as president. In some famous instances, presidents have found
1457-712: The independent agencies more loyal and in lockstep with the president's wishes and policy objectives than some dissenters among the executive agency political appointments . Although Congress can pass statutes limiting the circumstances under which the president can remove commissioners of independent agencies, if the independent agency exercises any executive powers like enforcement, and most of them do, Congress cannot reserve removal power over executive officers to itself. Constitutionally, Congress can only remove officers through impeachment proceedings. Members of Congress cannot serve as commissioners on independent agencies that have executive powers, nor can Congress itself appoint
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1504-462: The internet, and helped move the FEC to open a rulemaking on the matter with bipartisan support. On December 18, 2018 she was once again elected Chair. Weintraub's term ended April 30, 2007, but she continues in office until her successor takes office. She is not eligible for reappointment. Weintraub is married to Bill Dauster (former director of policy for Senator Chris Van Hollen and former legislative director for Senator Russ Feingold ). She
1551-511: The law to the candidates, their campaigns, political parties and other political committees that it regulates. The most significant powers of the FEC require an affirmative vote. These powers include the ability to conduct investigations, report misconduct to law enforcement, pursue settlements with candidates, and to bring a civil action in court to enforce campaign finance regulations. The FEC can also publish advisory opinions on campaign finance issues and issue campaign finance regulations. Under
1598-442: The opportunity to appoint all the commissioners of a given independent agency. In addition, most independent agencies have a statutory requirement of bipartisan membership on the commission, so the president cannot simply fill vacancies with members of his own political party. The president can normally designate which commissioner will serve as the chairperson. Congress can designate certain agencies explicitly as "independent" in
1645-419: The pleasure of the president" and can be removed without cause. The degree to which the President has the power to use executive orders to set policy for independent executive agencies is disputed. Many orders specifically exempt independent agencies, but some do not. Executive Order 12866 has been a particular matter of controversy; it requires cost-benefit analysis for certain regulatory actions. In
1692-473: The power to remove officials from agencies that were "an arm or an eye of the executive", it upheld statutory limitations on the president's power to remove officers of administrative bodies that performed quasi-legislative or quasi-judicial functions, such as the Federal Trade Commission. Presidents normally do have the authority to remove regular executive agency heads at will , but they must meet
1739-508: The president and confirmed by the Senate. Congress then amended the FECA to comply with Buckley and now the six FEC commissioners are nominated by the president and confirmed by the Senate. Since 1990, the FEC has grown more polarized, with considerable deadlocks in decision-making. The commission consists of six commissioners appointed by the president and confirmed by the Senate . Each commissioner
1786-509: The president claimed that it caused him and former Senator Kelly Ayotte to lose in New Hampshire in the 2016 U.S. election . “The scheme the President of the United States alleges would constitute thousands of felony criminal offences under New Hampshire law,” Weintraub said in a statement printed on FEC letterhead. As a result, an organization funded by the Koch brothers , Cause of Action, issued
1833-459: The president, they can be controlled by a board that cannot be appointed all at once, and the board can be required to be bipartisan. Presidential attempts to remove independent agency officials have generated most of the important Supreme Court legal opinions in this area. In 1935, the Supreme Court in the case of Humphrey's Executor v. United States decided that although the president had
1880-483: The public funding of Presidential elections." It is led by six commissioners who are nominated by the president and confirmed by the Senate . The commission was unable to function from late August 2019 to December 2020, with an exception for the period of May 2020 to July 2020, due to lack of a quorum. In the absence of a quorum, the commission could not vote on complaints or give guidance through advisory opinions. As of May 19, 2020, there were 350 outstanding matters on
1927-504: The public), audits a limited number of campaigns and organizations for compliance, and administers the presidential public funding programs for presidential candidates. Until 2014, the FEC was also responsible for regulating the nomination of conventions and defends the statute in challenges to federal election laws and regulations. The FEC also publishes reports, filed in the Senate, House of Representatives and presidential campaigns, that list how much each campaign has raised and spent, and
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1974-517: The resignation of Ann Ravel (Democratic) in March 2017. President Donald Trump nominated James E. Trainor III (Republican) on September 14, 2017, for a term expiring on April 30, 2023, to enable replacement for Lee Goodman (Republican), who resigned in February 2018, creating a second vacancy. When Matthew Petersen (Republican) resigned on August 31, 2019, the commission had only three commissioners, and
2021-473: The respective majority and minority leaders in that chamber, and the last two appointed by the president. They were to be confirmed by both Houses of Congress, rather than only by the Senate. The appointment process was invalidated in 1976, in Buckley v. Valeo , when the Supreme Court held that the commissioners of the FEC were "Officers of the United States" under the Appointments Clause , and must be nominated by
2068-414: The statute, there is an even number of commissioners with no more than three commissioners being members of the same political party. However, there is no tie-breaking process, such as by the chair. In addition, there is a quorum requirement of four commissioners. This results in four of the six commissioners being required for a FEC decision, which in turn means that on controversial issues bipartisan support
2115-409: The statutory requirements for removal of commissioners of independent agencies, such as demonstrating incapacity, neglect of duty , malfeasance , or other good cause . While most executive agencies have a single director, administrator, or secretary appointed by the president of the United States , independent agencies (in the narrower sense of being outside presidential control) almost always have
2162-797: Was serving as Chair, the Commission ruled that legally married same-sex couples must be treated the same as opposite-sex couples under election law. In March 2016, following the Supreme Court decision on Citizens United v. FEC , Weintraub published an op-ed in the New York Times where she expressed the dangers of foreign national interests - by way of corporations, who most likely have international shareholders - intruding upon American politics via campaigning . She also appeared before Judiciary Committee in February 2020 to testify about Citizens United on campaign finance, opining for regulations on super PACs. In February 2017, Weintraub called on President Donald Trump to reveal his evidence of voter fraud after
2209-411: Was unable to conduct most of its regulatory and decision-making functions due to lack of a quorum. Trainor was confirmed by the Senate on May 19, 2020, restoring the commission's quorum of four. One meeting was held online, due to the coronavirus pandemic, on June 18, 2020. On June 25, however, Caroline Hunter (Republican) resigned, effective July 3, with the result that the commission once again lacked
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