4/15/2008

The political mess at the FEC:

John Fund at the WSJ's Political Diary writes:

The Federal Election Commission, down to only two out of its six required members since January, suffered another blow yesterday. A Democratic nominee for a vacancy announced he was withdrawing. Senate Majority Leader Harry Reid says it will "most likely" take several months to find a replacement for Robert Lenhard, who said in a statement he couldn't wait any longer in limbo.

Leaving the FEC with only a skeleton crew means the agency can't open new cases, hold public meetings or even issue advisory opinions. Michael Toner, a former FEC chairman, says the inability of the White House and the Senate to agree on nominees "hurts the ability of parties and candidates to comply with the law." The commission does not have the legal authority without a quorum to release the public financing funds that may be vital to John McCain's fall campaign -- a situation that perhaps suits Barack Obama, who has declared that his large haul of private Internet donations represents a new kind of "public financing" and who seems intent on reneging on his previous pledges to abide by the public financing system.

Democrats created the FEC impasse last year when they balked at confirming Hans von Spakovsky, who had served on the FEC for two years. Ironically, it was Sen. Obama himself who put the nomination on hold because Mr. von Spakovsky, as a Justice Department official, had supported laws requiring voters to show photo ID. Those laws have since been upheld as Constitutional by several federal courts and the Supreme Court is likely to follow suit in a decision it will hand down this June.

So much for Mr. Obama's call to transcend partisanship. . . .


Part of the problem here is that no matter who wins the presidential election this year there will likely be a major change in the types of people approved to be on the FEC. McCain would definitely appoint different people than Bush, and so I think that Dems want to wait to create a different type of commission right after the beginning of next year.

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