Dear Senators Schumer and Alexander and Representatives Lungren and Brady:
The under-signed organizations, dedicated to ensuring that federal candidates for public office abide by their legal obligations, respectfully urge your Committees to investigate and hold hearings on the systemic problems with the Federal Election Commission (FEC). The FEC is, without question, one of the most dysfunctional agencies in the federal government. As the Committees with jurisdiction over the FEC, you have a responsibility to examine the reasons why the FEC has ceased to comply with its statutory mandates.
The FEC is a broken agency that refuses to fulfill its basic statutory functions. Examples of the FEC’s ineffectiveness are legion. Time and again, the FEC has either dismissed complaints because the Republican and Democratic Commissioners have rejected efforts by the professional staff to enforce the law, deadlocked in a three-to-three vote, or promulgated rules contrary to the law, resulting in orders from the court to rewrite those rules.
The FEC Commissioners are carrying out what can only be described as “agency nullification,” failing to provide for any effective enforcement of the statutes within their purview. There are myriad explanations as to why the FEC is unable to operate effectively, including defects in its structure, composition, and appointment process. Americans expect their elections to be conducted in a fair, honest and lawful manner, but the agency charged with ensuring the integrity of campaign financing is embarrassingly incapacitated. Put simply, the Commission is excessively political and ideological, and the enforcement process is therefore broken.
Our nation’s laws should not be undermined by the agency charged with enforcement. It is up to Congress to write the laws and for the courts to determine the constitutionality of the laws. FEC Commissioners may not simply refuse to enforce laws based on their disagreement with the laws, or their predictions of how a court might rule if a law were challenged. Until Congress addresses these problems, candidates, donors, parties and outside spenders will continue to flout the laws with little fear of repercussion.
The status quo is unacceptable and the American public reasonably expects agencies charged with enforcing the laws to actually do so. Our organizations respectfully request that your Committees hold hearings to examine the root causes of the Commission’s dysfunction. It is unacceptable that the only agency charged with enforcing campaign financing rules on our nation’s highest elected officials is largely AWOL.
Americans for Campaign Reform
Campaign Legal Center
Citizens for Responsibility and Ethics in Washington (CREW)
League of Women Voters
U.S. Public Interest Research Group (USPIRG)