FEC Lacks Quorum Weeks Before Midterms, Unable to Enforce Campaign Finance Laws

Just weeks before Election Day, the Federal Election Commission remains unable to enforce campaign finance laws due to a lack of a quorum, leaving the nation’s top election watchdog paralyzed during a critical period. With only two of its six commissioner seats currently filled, the agency cannot open investigations, levy fines, write new regulations, or provide formal legal guidance to candidates.

The standoff became apparent in July when Representatives Mike Lawler, a New York Republican, and Josh Gottheimer, a New Jersey Democrat, urged the FEC to address AI-driven threats to election integrity. The lawmakers sought coordination with the Justice and Homeland Security departments to press AI companies on safeguards, citing concerns that a quarter of likely voters use AI tools daily and at least 38% have received candidate or voting information from AI search summaries. In a September response obtained via Freedom of Information Act requests, FEC Commissioner Shana Broussard, a Democrat, replied that the agency “cannot proceed.” Operating as an individual commissioner without the required four votes, she stated the commission lacked the authority to act.

Since the loss of a quorum in May 2025, the FEC has been limited to administrative tasks such as collecting and publishing campaign finance reports and answering general legal questions. No enforcement cases have been resolved, and no new civil penalties have been approved in the past year. In contrast, the previous twelve months saw 180 cases closed and approximately $1 million in penalties imposed. Meanwhile, the agency’s backlog has doubled from 154 to 307 cases.

Lawmakers from both parties have reported similar standoffs. Florida Republican Rep. Anna Paulina Luna asked in April whether campaign funds could cover childcare costs during votes and committee hearings, as the Capitol daycare only offers full-time care. An FEC official responded that the commission could not issue advisory opinions without a quorum. Luna told CBS News she contacted the White House to urge the restoration of a full commission, noting, “Until the FEC meets, we’re going to be operating in a gray area… we don’t want to get in trouble.”