Federal Election Commission headquarters (Chip Somodevilla/Getty Images)

The Federal Election Commission is about to be down to three members instead of six, thwarting its ability to enforce campaign finance law as the 2020 election draws closer.

Republican commissioner Matthew Peterson told the Washington Examiner Monday he will resign at the end of August, ending his 11-year career on the FEC.

With just three commissioners on board, the FEC cannot conduct meetings, meaning it will be unable to take enforcement action against actors suspected of violating election law. The FEC needs four commissioners to reach a quorum, and specific actions require four affirmative votes.

“Without a quorum, certain Commission activities will not take place. For example, the Commission will not be able to hold meetings, initiate audits, vote on enforcement matters, issue advisory opinions, or engage in rulemakings,” Republican commissioner Caroline Hunter said in a statement Monday.

FEC Chairwoman Ellen Weintraub said in a statement that committees will still have to file their required reports, and the FEC will continue to investigate complaints. If the commission wants to take action over a complaint, it will need a quorum, she said.

The ideologically divided commission already struggles to find four votes on most matters. Weintraub, a Democrat, and independent Steven Walther typically vote to aggressively enforce campaign finance law, while Peterson and Hunter regularly dismiss complaints against political campaigns and groups, often citing free speech concerns.

“Throughout my service, I have faithfully discharged my duty to enforce the law in a manner that respects free speech rights, while also fairly interpreting the relevant statutes and regulations and providing meaningful notice to those subject to FEC jurisdiction,” Peterson said in a statement.

Weintraub has frequently denounced her Republican colleagues for stonewalling enforcement of alleged campaign finance violations. Republicans accuse the other two commissioners of trying to enforce campaign finance law that doesn’t exist.

Republicans recently blocked an investigation into a complaint that the National Rifle Association unlawfully accepted foreign contributions from Russian nationals Alexander Torshin and Maria Butina. The vote prompted an angry response from Weintraub that her Republican colleagues were running “their usual evidence-blocking play.” Hunter argued the complaint was based on a single news article — not enough evidence to prompt an investigation.

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The divide isn’t necessarily partisan but ideological. The Republican commissioners recently blocked a complaint that Hillary Clinton unlawfully coordinated with a super PAC during the 2016 presidential election, while the Democrat-aligned members voted to take enforcement action.

The commissioners have united on a few occasions. They recently agreed to levy a record fine against a pro-Jeb Bush super PAC for accepting money from a foreign corporation.

With only three sitting members, that consensus is now impossible rather than improbable.

“Looks like the wild west of money in federal elections is about to get wilder,” tweeted Paul S. Ryan, vice president of policy and litigation at Common Cause.

President Donald Trump nominated Texas attorney Trey Trainor to replace Peterson in September 2017, but the Senate has not given Trainor a hearing. An outspoken Trump supporter, Trainor helped repel anti-Trump Republicans at the 2016 Republican National Convention and operated a “dark money” group in Texas.

Trump nominated Peterson to a federal judgeship in 2017, but Peterson withdrew after failing to answer basic legal questions at his confirmation hearing. Trump has not nominated commissioners to replace Democrat Ann Ravel and Republican Lee Goodman, who retired in 2017 and 2018, respectively.

“The three remaining commissioners were appointed by President George W. Bush and are all long past the end of their terms. It is imperative that congressional leaders and President Trump work together to fill the vacancies at the FEC,” former FEC Chairman Bradley Smith, now leading the right-leaning Institute for Free Speech, said in a statement.

The FEC hasn’t been without a quorum since 2008 when it had just two sitting members. The vacancies resulted in a partisan battle in the Senate.



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