Two Republican FEC Commissioners have taken to the Washington political press to defend the FEC — and specifically the oft-criticized bloc of Republicans — against condemnation from the “reform” community that the agency is unwilling to enforce campaign finance laws and “mired in gridlock.”
The most recent addition to the Center for Competitive Politics team, Benjamin Barr, addressed this issue a few days ago here.
The op-eds by Commissioners Don McGahn and Caroline Hunter, in Politico and Roll Call (subscription only) respectively, offer a strong defense of the Republican Commissioners’ reasoning and the principles behind their decisions in some recent thorny cases.
In both pieces, the commissioners note that the “reform” criticism about frequent deadlocks paralyzing the FEC is hyperbole unsupported by the facts and the split votes center on weighty — and often muddled — legal issues. They cite that during the past year, the FEC has resolved more than 350 matters, resulting in close to $2 million in civil penalties. Oh, the gridlock!
McGahn explains the case of a novice Democratic candidate, who has been held up as an example by both sides as a defense of their position on FEC enforcement and priorities. McGahn makes the case that the agency should not discourage novice candidates who make honest mistakes with obscene fines and heavy-handed tactics — especially on issues that aren’t clear violations of law:
It should not be necessary to go to court again and again to fight agency overreach. But when the FEC uses its enforcement process to try to make new law — essentially handing out speeding tickets without first posting the speed limit — what other choice is there?
In her piece, Hunter takes on Sens. John McCain (R-Ariz.) and Russ Feingold (D-Wis.) — along with their allies in the “reform” mafia — for their recent criticism of the FEC coinciding with their hold on FEC nominee John J. Sullivan.
When the law is unclear and critics implore the agency to move forward with draconian enforcement, I have not, and will not, acquiesce to their demands to proceed in a manner that is grossly unfair or contrary to the law… Resolving competing interests in campaign finance regulation is rarely easy, and the law is not clear and absolute in many cases. The FEC has a duty to carefully weigh the competing interests of enforcement against undue punishment of citizens exercising their political rights. I will not violate our oath of office by getting ahead of the law.
First Amendment advocates have strong allies on the FEC in McGahn, Hunter and current FEC Vice Chairman Matthew Petersen. It’s refreshing to see such a clear and forceful pushback against media and “reform” spin that there’s something amiss at the FEC.
