FEC Convenes For First Time In 6 Months
Republican election lawyer Donald McGahn was named chairman of a newly seated Federal Election Commission Thursday, taking the helm of the regulatory agency on his first day on the job.
The FEC convened for the first time in more than six months, a period of inactivity caused by a confirmation standoff in the Senate.
With four of six commissioners new to their jobs, the FEC faces a backlog of work that has accumulated during an election year marked by a hard-fought and financially record-breaking presidential campaign.
Among the top issues the FEC must sort through are a Supreme Court decision invalidating a campaign finance law that governs congressional contests involving wealthy candidates who spend large sums of their own money. It also is behind schedule in writing rules addressing candidate air travel as well as new rules on lobbyist fundraisers.
McGahn, general counsel to the National Republican Congressional Committee since 1999, also represented former House Majority Leader Tom DeLay, R-Texas, on a number of federal campaign finance related matters. DeLay is awaiting trial in Texas on unrelated state campaign finance charges.
Watchdog groups such as Common Cause opposed McGahn's nomination, citing his association with DeLay.
But McGahn also had support from Democrats, including campaign election lawyer Robert Bauer, who is counseling Barack Obama's presidential campaign.
Commissioner Steven Walther, a Nevada Democrat, was named vice chairman of the FEC. Walther previously had been appointed to the commission by President Bush during a congressional recess, but that appointment expired at the end of 2007.
The commission consists of three Democratic and three Republican appointees. Any action requires a four-vote majority, no matter what size the quorum.
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The Senate last month confirmed five Bush nominees, including Walther and McGahn. The other three are Democrats Cynthia L. Bauerly of Minnesota and Republicans Caroline C. Hunter and Matthew S. Petersen. On Thursday, all five joined the only sitting commissioner - Democrat Ellen Weintraub.
Another piece of unfinished business facing the FEC concerns Republican John McCain's decision not to accept public matching funds during the primary. Former FEC Chairman David Mason had informed McCain early this year that before he could decline the funds, he needed approval from the commission. The McCain campaign disputed that view. Mason also had asked McCain to explain whether McCain had used the potential of matching funds in securing a loan for his campaign last year. The McCain camp has said it did not.
McCain plans to take public funds for the general election, a step that requires a vote of the commissioners.