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Please note!
This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.

Is the FEC toothless to enforce campaign-finance laws because it lacks enough commissioners?

By Allegra Taylor
YES

The Federal Election Commission needs at least four sitting members to legally act, but currently has only three. A fourth commissioner was appointed in May, but another member voluntarily resigned in July.

From August 2019 to May 2020, the FEC, intended to have six seats to oversee the conduct of presidential and congressional elections, had only three confirmed members. In March it reported a backlog of 333 pending cases.

The President nominates its members, subject to Senate confirmation. The White House says it will nominate a new commissioner, but it’s unclear if its nominee can be confirmed before the November general election. Members are appointed for six-year terms but may continue to serve until replaced; the three remaining current members were appointed by President George W. Bush.

This fact brief is responsive to conversations such as this one.
ABOUT THE CONTRIBUTOR
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.
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