Today an editorial appeared in the New York Times entitled, ''Crippled Election Commission."

The editorial begins, "The White House is removing a member of the Federal Election Commission for standing up for clean elections, while trying to install another member whose specialty is keeping eligible voters from casting ballots."

The editorial continues, "Mr. Bush is purging the current F.E.C. chairman, David Mason, presumably because he was responsible enough to challenge the funding machinations of Senator John McCain’s presidential campaign. Mr. Mason shocked his fellow Republicans by notifying Mr. McCain that he might run afoul of the law by switching from public funding to private donations once he secured the party’s nomination."

“The White House action taken yesterday to rig any FEC enforcement decision concerning campaign finance questions that have been raised regarding the presumptive Republican nominee for President, Senator John McCain (R-AZ), constitutes political obstruction of justice,” according to Democracy 21 President Fred Wertheimer.

“The White House action powerfully demonstrates why there must be a new approach to enforcing the nation’s campaign finance laws,” Wertheimer said.

Yesterday, the White House withdrew the nomination of “holdover” FEC Commissioner David Mason to continue to serve as a Commissioner on the FEC.

The White House today withdrew the nomination of “holdover” FEC Commissioner David Mason to serve as a Commissioner on the FEC. 

The White House dumped Mason after President Bush had twice proposed Mason for the FEC in the last two and a half years, in December 2005 as a recess appointment and in January 2007 as a nominee to the FEC for Senate Confirmation.

According to published reports, Senate Majority Leader Harry Reid (D-NV) has made a new offer to President Bush in a letter sent to the White House to move forward with votes on nominees to serve on the Federal Election Commission.

The six-member FEC has been inoperative since January 1, 2008, when the Commission was reduced to two sitting Commissioners, following the refusal of Senate Republican Leader Mitch McConnell (R-KY) in December 2007 to allow an up-or-down majority vote on each of the pending nominees to serve on the FEC.

The campaign finance law requires the affirmative votes of four FEC Commissioners to take any formal action, including issuing regulations and advisory opinions, opening investigations, bringing enforcement actions, appealing court decisions and certifying public funds for presidential candidates.

The Supreme Court is scheduled to hear oral argument tomorrow in Davis v.  Federal Election Commission, a case brought by a former House candidate to challenge the constitutionality of a provision enacted as part of the Bipartisan Campaign Reform Act of 2002 (BCRA).

The provision, known as the ''Millionaire's Amendment,'' allows congressional candidates who run against wealthy, self-financing opponents to raise contributions subject to higher contribution limits. In the House, the provision allows House candidates to raise contributions in excess of the usual $2,300 cap when they are running against wealthy candidates who spend more than $350,000 of their personal funds on their race.

The ''Millionaire's Amendment'' was not part of the soft money ban legislation introduced by Senators John McCain (R-AZ) and Russell Feingold (D-WI), and Representatives Christopher Shays (R-CT) and former Representative Martin Meehan (D-MA).