When President Donald Trump tweeted that the U.S. may need to delay the November election, the longest-serving member on the Federal Election Commission joined the chorus of voices pointing out that he does not have the authority to make that decision.
"No, Mr. President. No," Ellen Weintraub wrote. "You don't have the power to move the election. Nor should it be moved. States and localities are asking you and Congress for funds so they can properly run the safe and secure elections all Americans want. Why don't you work on that?"
Weintraub, a Democrat, holds one of six positions on the FEC, the independent agency tasked with overseeing the country's campaign finance laws. But the FEC, three months before a presidential election, can't even call a meeting.
Under normal circumstances, the commission would have at least four members, the minimum required to meet, issue advisory opinions and approve enforcement action. But circumstances at the agency aren't normal: For most of the last year the FEC has only had three members, rendering it nearly powerless.
It's unlikely the Senate will confirm a fourth member before the November election _ the president's last nominee waited nearly three years for a Senate vote.
Even if a new commissioner were confirmed, campaign finance reform advocates have lamented for years that the agency has been hampered by structural issues, a lack of resources and partisanship that have weakened its ability to enforce the law and deter illegal election spending. They say the problem has been exacerbated by Republican leaders opposed to limits on campaign spending, who have sought to undermine the agency.
Without a strong commission, some have felt free to defy campaign finance laws without fear of punishment, said former Democratic FEC Commissioner Ann Ravel. "They knew that they could flagrantly violate the law and there would be absolutely no consequences, or if there ever was a consequence, that it was going to be so small, that it was essentially a cost of doing business," she said.
Meanwhile, the backlog of cases continues to grow. The FEC had more than 300 pending cases at the end of March, including 90 in which the five-year statute of limitations was set to expire in the next 18 months, according to a May 2020 memo from the agency's acting general counsel.
"The agency charged with administering and enforcing the federal campaign laws that will govern the 2020 election remains without the four Commissioners it needs to make most of its major decisions," Weintraub wrote in December 2019. "It is, to be charitable, less than ideal."
