crs_reports: R45160

Congressional Research Service reports with summaries, authors, and topic classifications.

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R45160 Federal Election Commission: Membership and Policymaking Quorum, In Brief 2026-03-02T05:00:00Z 2026-03-03T13:53:02Z Active Reports R. Sam Garrett Voting, Elections & Redistricting The Federal Election Commission (FEC) is the nation’s civil campaign finance regulator. The agency ensures that campaign fundraising and spending is publicly reported; that those covered by the Federal Election Campaign Act (FECA) and by commission regulations comply and have access to guidance; and that publicly financed presidential campaigns receive funding. As of this writing, two of six FEC commissioners remain in office. Four commission vacancies, one of which has been disputed, occurred during 2025. Initial developments left only three commissioners remaining in office, thus precluding a policymaking quorum of at least four votes, through September 2025. Due to a resignation, a fourth commissioner departed the agency effective October 3, 2025, leaving two commissioners remaining in office. FECA requires at least four agreeing votes from commissioners to take various policymaking, regulatory, and enforcement actions. The quorum loss that began in 2025 marked the fourth in the FEC’s history. The first lasted six months in 2008. The second lasted for approximately nine months and spanned parts of 2019 and 2020. The third lasted for approximately six months during the second half of 2020. FEC commissioners are presidential appointees who are subject to Senate advice and consent. Commissioners may remain in office in holdover status beyond the end of their six-year statutory terms. On February 11, 2026, President Trump sent two FEC nominations to the Senate. If both nominees were confirmed and no other vacancies occurred, the commission’s policymaking quorum would be restored. This CRS report briefly explains the kinds of actions that FECA precludes when a quorum is not possible because fewer than four FEC members are in office. Among other powers, without a quorum, the commission cannot hold hearings, issue rules, or enforce campaign finance law and regulation. Campaign finance law and regulation remain in effect and may be enforced once a quorum is restored. (An FEC quorum loss does not affect Department of Justice criminal enforcement.) Agency operations continue with remaining commissioners and staff. This report will be updated in the event of substantial changes in the Federal Election Commission’s policymaking quorum or the status of commission nominations. https://www.congress.gov/crs_external_products/R/PDF/R45160/R45160.25.pdf https://www.congress.gov/crs_external_products/R/HTML/R45160.html

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