Section 5 · Independent Regulatory Agencies
🗳️Ch. 29 — Federal Election Commission
FEC · 6 tracked
DOJ must defend FEC when commissioners refuse; consider stripping FEC litigating authority
Proposed
When Democrat commissioners refuse the fourth vote to defend the agency, President should direct AG to defend FEC in all such litigation; legislatively, seriously consider removing FEC’s independent litigating authority so DOJ handles all FEC litigation.
Direct DOJ to prosecute only clear FECA violations and defer to FEC interpretations
Proposed
President should ensure DOJ prosecutes only clear FECA violations, does not construe ambiguity against the public, does not prosecute under theories FEC rejects—including after 3–3 ties—and must consult FEC enforcement actions, regs, and advisory opinions.
Limit commissioner overstays; vigorously oppose five-member FEC restructuring
Proposed
President should prioritize nominations when terms end and seek legislation eliminating/limiting holdovers; vigorously oppose proposals (e.g., For the People Act §6002) to shrink FEC to five members or an odd number that would allow one-party control.
FEC—or DOJ if FEC fails—must publish guidance on court-voided FECA/regs
Proposed
President should request FEC guidance listing statutory provisions and regs voided or changed by courts; if FEC fails, direct AG to issue DOJ public guidance so candidates/public know what still applies.
Ensure GOP FEC nominees share deregulatory views; temper Democratic picks
Proposed
Mandate says if Republican commissioners will not overstay, the President must nominate replacements who share their views against overregulation, and should negotiate with Senate Democratic leadership to temper opposition-party picks away from aggressive overenforcement.
Raise contribution limits and inflation-index reporting thresholds
Proposed
Mandate says FECA contribution limits should generally be much higher and many reporting thresholds should be indexed to inflation so small-dollar noise does not clog public files and FEC processes; also criticizes overly restrictive party–candidate coordination limits.