Federal Election Commission: Membership and Policymaking Quorum, In Brief.

The Federal Election Commission (FEC) is the nation's civil campaign finance regulator. The agency ensures that campaign fundraising and spending is publicly reported; that those regulated by the Federal Election Campaign Act (FECA) and by commission regulations comply and have access to guidance; and that publicly financed presidential campaigns receive funding. Senate confirmations of three commissioners on December 9, 2020, restored the FEC to a policymaking quorum. Previously, the commission lacked a policymaking quorum because only three commissioners remained in office. At least four agreeing votes are required to take policymaking or enforcement actions. The 2020 quorum loss marked the third such episode in the FEC's history. If, in the future, fewer than four commissioners remained in office, the agency would again be unable to reach a policymaking quorum. This CRS report, which remains available for historical reference, briefly explains the kinds of actions that FECA precludes when a quorum is not possible because fewer than four FEC members are in office. Among other powers, without a quorum, the commission cannot hold hearings, issue rules, or enforce campaign finance law and regulation. Campaign finance law and regulation remain in effect and may be enforced once a quorum is restored. Agency operations continue with remaining commissioners and staff. The most recent quorum loss marked the third in the FEC's history. The second occurred between August 31, 2019, and June 5, 2020, when a confirmation briefly restored a fourth commissioner to office. In addition, the FEC lacked a policymaking quorum for six months in 2008. This report will be updated in the event of substantial changes in the Federal Election Commission's policymaking quorum or the status of commission nominations. [ABSTRACT FROM AUTHOR]