Without a quorum of four commissioners, the Federal Election Commission (FEC) cannot take many official actions, which require the affirmative votes of at least four commissioners.  These include taking actions in litigation, finding that a violation of the law occurred in response to a complaint, and defending the FEC's position in court.  The lack of a quorum has not stopped so-called campaign finance reform groups from using the complaint and litigation process to attempt to change campaign finance law through the courts.  Citizens for Responsibility and Ethics in Washington (CREW) filed a motion for default judgment against the FEC, when the FEC is not legally permitted to defend itself in court at the moment.  Republican Commissioner Caroline Hunter responded:

Since Republican Commissioner Matthew Petersen resigned in August, the Federal Election Commission has only had three commissioners and lacked the four commissioners necessary for it to approve agency actions.  Never missing an opportunity to make a political point while ignoring the facts, the left has continued criticizing Majority Leader Mitch McConnell for the lack of a quorum at the FEC (for example).  

This is one of the worst lies of the left. This is 100% the Democrats' fault and a part of their war on free speech and democracy. 

The sole Republican on the Federal Election Commission, Caroline Hunter, published an op-ed in Politico today describing how her colleague Ellen Weintraub's attacks on President Trump and frequent tweets and media appearances are undermining the public perception, independence, and impartiality of the FEC:  

The Federal Election Commission (FEC) has jurisdiction to issue regulations and enforce federal campaign finance laws; in other words, to interpret and enforce the regulation of Americans' political speech, which is protected by the First Amendment.  

For years, Democrats have attempted to expand regulation of political speech through onerous disclaimer, disclosure, and reporting requirements; low contribution limits; making the FEC a partisan body controlled by the President's party (such as in H.R. 1 and the perennial DISCLOSE Act); outright speech prohibitions; and even through spending limits (which the Supreme Court declared unconstitutional back in Buckley v. Valeo).  

With the resignation of Republican FEC Commissioner Matt Petersen, the FEC is back in the news.

The Republican National Lawyers Association (RNLA) thanks Federal Election Commission (FEC) Commissioner Matthew Petersen for his years of public service on the FEC. Commissioner Petersen announced today that he would leave the FEC effective August 31.

As we have chronicled, Democratic FEC Commissioner Ellen Weintraub has used her position to attack President Trump (along with Majority Leader Mitch McConnell, other Republicans, and supporters of free speech) in a variety of ways, including through the altFEC Twitter account operated by her staff and writing a letter to President Trump on FEC letterhead questioning his claims about voter fraud in New Hampshire and asking him to produce evidence.  At the request of the Cause of Action Institute, headed by RNLA member John Vecchione, the FEC Inspector General inquired as to whether Commissioner Weintraub had violated any ethical standards with her letter or not. Unfortunately, it concluded she had not.

It is rare for a Senate Majority Leader to address legislation in the House.  That has changed with the unprecedented assault on our Democracy undertaken by the Democrats in the form of HR 1.  Or as Senate Majority Leader Mitch McConnell called it in a speech today, "The Democrat Politician Protection Act":

This week, Democrats in the House are expected to pass the sweeping legislation I call the Democrat Politician Protection Act. It aims to give Washington D.C. vast new control over elections, give tax dollars to political campaigns, and give election lawyers more opportunities to determine the outcome of elections. 

Yesterday, Mother Jones reported that current FEC Chair Ellen Weintraub has decided to vote against allowing the FEC to defend its positions in court.  Because the FEC currently only has four members and the affirmative votes of four members are required for the FEC to take any official action, this means that Chair Weintraub will prevent the FEC from appearing in court to defend its position.  

(This is the last in a series of five posts on the demonstrated bias of Democratic FEC Commissioner Ellen Weintraub.  The first installment is here, the second here, the third here, and the fourth is here.)

FEC Vice Chair Ellen Weintraub's personal staff continues to mount a political campaign against President Trump at the same time they consider enforcement cases involving President Trump.  In many public pronouncements, Commissioner Weintraub's staff indicate they already have prejudged legal issues pending before the FEC.  Some tweets appear to be posted during regular government work hours.