Federal Election Commission

The Federal Election Commission (FEC) is an independent agency of the United States federal government that enforces federal campaign finance laws and oversees federal elections of the United States. Created in 1974 through amendments to the Federal Election Campaign Act, the commission describes its duties as "to disclose campaign finance information, to enforce the provisions of the law such as the limits and prohibitions on contributions, and to oversee the public funding of Presidential elections." It is led by six commissioners who are nominated by the president and confirmed by the Senate.

Under the first Trump administration the commission was unable to function from late August 2019 to December 2020, except for the period of May 2020 to July 2020, due to lack of a quorum. In December 2020, three commissioners were appointed to restore a quorum; however, due to back log some cases exceeded a five-year statute of limitations and died for lack of commission action. Also deadlocks arising from the equal number of members from the Republican and Democratic parties with the absence of a tie-breaking vote resulted in some controversial investigations not being pursued.

Under the second Trump administration, the FEC again become inoperative starting on May 1, 2025 due to a lack of quorum.

The FEC was established in 1974, in an amendment of the Federal Election Campaign Act (FECA), to enforce and regulate campaign finance law. Initially, its six members were to be appointed by both houses of the United States Congress and the US president, reflecting a strong desire for Congress to retain control. Two commissioners were to be appointed by the president pro tempore of the Senate and two by the speaker of the House of Representatives, each upon recommendation by the respective majority and minority leaders in that chamber, and the last two appointed by the president. They were to be confirmed by both Houses of Congress, rather than only by the Senate.

The appointment process was invalidated in 1976, in Buckley v. Valeo, when the Supreme Court held that the commissioners of the FEC were "Officers of the United States" under the Appointments Clause, and must be nominated by the president and confirmed by the Senate. Congress then amended the FECA to comply with Buckley and now the six FEC commissioners are nominated by the president and confirmed by the Senate.

Since 1990, the FEC has grown more polarized, with considerable deadlocks in decision-making. The FEC has shutdown because of lack of quorum in 2008 under George W. Bush administration, in 2019 and 2020 and in 2025 under Donald Trump .

The commission consists of six commissioners appointed by the president and confirmed by the Senate. Each commissioner is appointed for a six-year term, but each ending on April 30. Two commissioners are appointed every two years. However, commissioners continue to serve after their terms would expire until a replacement is confirmed, but may resign at any time. By law, no more than three commissioners can be members of the same political party.

The chair of the commission rotates among the commissioners each year, with no commissioner serving as chair more than once during a six-year term. However, a commissioner may serve as chair more than once if they serve beyond the six-year mark and no successor is appointed; for example, Ellen L. Weintraub (Democratic) was chair in 2003, 2013, 2019, and 2025.