Campaign finance Critics of the FEC, including many former commissioners and
campaign finance reform supporters, have harshly complained of the FEC's impotence, and accused it of succumbing to
regulatory capture where it serves the interests of the ones it was intended to regulate. The FEC's bipartisan structure, which was established by Congress, renders the agency "toothless." Critics also claim that most FEC penalties for violating
election law come well after the actual election in which they were committed. Additionally, some critics claim that the commissioners tend to act as an arm of the "regulated community" of parties, interest groups, and politicians when issuing rulings and writing regulations. Others point out, however, that the commissioners rarely divide evenly along partisan lines, and that the response time problem may be endemic to the enforcement procedures established by Congress. To complete steps necessary to resolve a complaint – including time for defendants to respond to the complaint, time to investigate and engage in legal analysis, and finally, where warranted, prosecution – necessarily takes far longer than the comparatively brief period of a political campaign. While campaigning in the
2018 United States House of Representatives elections in New York, Democratic primary candidate Liuba Grechen Shirley used campaign funds to pay a caregiver for her two young children. The FEC ruled that federal candidates can use campaign funds to pay for childcare costs that result from time spent running for office. Grechen Shirley became the first woman in history to receive approval to spend campaign funds on childcare.
First Amendment issues Critics including former Republican FEC chairman
Bradley Smith and Stephen M. Hoersting, former executive director of the
Center for Competitive Politics, criticize the FEC for pursuing overly aggressive enforcement theories that they believe amount to an infringement on the
First Amendment right to free speech. Division over the issue became especially prominent during the last several years of the
Obama administration. Commissioners deadlocked on several votes over whether to regulate Twitter, Facebook, and other online mediums for political speech, as well as a vote to punish Fox News for the selection criteria it used in a presidential debate.
Deadlocks Critics of the commission also argue that the membership structure regularly causes deadlocks on 3-3 votes. Since 2008, 3-3 votes have become more common at the FEC. From 2008 to August 2014, the FEC has had over 200 tie votes, accounting for approximately 14 percent of all votes in enforcement matters. On May 6, 2021, the FEC closed an inquiry into whether the
payment to Stormy Daniels by Donald Trump violated campaign financial law during the 2016 election. The FEC voted 2-2, between Democrats and Republicans, against a motion to take further action. Republican Vice Chairman Allen Dickerson recused himself, while independent Commissioner Steven Walther did not vote. Similarly, in June 2021, the FEC found that
National Enquirer violated US election laws and $150,000 paid by AMI to
Karen McDougal amounted to an illegal campaign contribution. Publisher AMI agreed to a fine of $187,500. However, the FEC divided 3-3 on party lines on a motion to pursue further investigation into Donald Trump, thus closing the investigation. In June 2023, the FEC deadlocked over requests to create guidelines for campaign advertisements which use content generated by artificial intelligence. The vote failed 3-3 with all Republican commissioners voting against the request and all Democratic commissioners voting in favor, with Republican commissioner Allen Dickerson arguing that the agency did not have the authority to regulate such advertisements." ==Commissioners==