The Democrat Commissioners of Federal Election Commission (FEC) led by Commissioner Ellen Weintraub have introduced a new scheme that the Institute for Free Speech (Institute) has labeled as unethical and unconstitutional. The scheme attempts to delegate the enforcement of federal campaign finance laws to private parties, and does so by refusing to close case files and by refusing to allow prevailing parties to defend themselves when the Commission declines to investigate a claim.

Democrat commissioners on the Federal Election Commission (FEC) are showing us just how dangerous it would be if Democrat-backed election bills become law. As Kimberley Strassel explained in an op-ed for The Wall Street Journal, Democrat Commissioner Ellen Weintraub is a case study for selective enforcement of FEC regulations.

In Tuesday’s New York Times, Shane Goldmacher reported on the latest tactic by Democrats on the Federal Election Commission to punish more Americans for exercising free speech rights: deadlock enforcement votes, conceal the agency action from the public, and then default the agency in federal court. The Democrat strategy entails concealing from federal courts that the agency has decided matters on the merits in order to mislead federal judges into thinking the agency has failed to act in a timely manner and thereby trick federal judges into authorizing private enforcement lawsuits by liberal activist groups against conservatives.

It's no secret that the Biden Administration and Democrat members of Congress are trying to radically change the Federal Election Commission and campaign finance law through the so-called "For the People Act" (see prior blogs here, here, and here), but the Biden Administration is making plans to change the dynamic of the FEC in the likely event that the legislation doesn't pass the Senate. In a memo obtained by Axios, the Biden Administration lays out its plan to sidestep Republican input on nominees to the body and make the FEC more "pro-enforcement." 

With H.R. 1 scheduled to come to the House floor the first week of March, it is important to revisit just how destructive this legislation, first introduced during the 116th Congress, would be for the U.S. election system. The Committee on House Administration Republicans have exposed H.R. 1 for what it is — "a partisan and massive congressional overreach designed to keep their Democrat majority by nationalizing our elections."

Earlier today, 9 former FEC Commissioners (including RNLA Board of Governors members Lee Goodman, Matthew Petersen, and Michael Toner) wrote to congressional leadership to express their concerns with Titles IV and VI of Division B of this Congress' version of the "For the People Act" (H.R. 1 and S. 1 respectively). These sections of the nearly 800-page bill dealing with the FEC directly and campaign finance would, as the former Commissioners put it, "complicate the law and hinder grassroots political speech and activism, with little or no benefit to public accountability, transparency, understanding of public policy, or reduction in corruption."

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: