From The Archives: Harvard Law And Policy Review

January 26, 2012: Agency Nullification at the FEC

Agency Nullification at the FEC

by Frank Housh on January 26, 2012 at 11:26pm

Author’s Note: This was written in 2012 during my time when I was regular columnist at the Harvard Law and Policy Review.

In a time of high scrutiny related to the voting franchise, the Federal Elections Commission (FEC), the only federal agency authorized to enforce federal campaign finance laws, is so bogged down in political infighting that its authority is at risk of self-nullification.

This is of special concern in a presidential election year characterized by concerns over Super PACs, corporate influence over elections in light of Citizens United, aggressive voter identification statutes, and Congressional redistricting.

The FEC’s governing body consists of six (6) Commissioners, three (3) Democrats and three (3) Republicans. As each Commissioner must be nominated by the President and approved by the Senate, the appointments system has bogged down in the same murky quagmire of Senate holds and cloture vo…