Reform Groups Join over 25,000 Americans in Call for President Obama to Replace Lame Duck Commissioners at the FEC

Americans for Campaign Reform – Campaign Legal Center
CREW – Common Cause
CREDO Action Network – Democracy 21
League of Women Voters – MapLight
Public Campaign – Public Citizen
United Republic – U.S. PIRG

 

In a letter sent to President Barack Obama today reform groups joined over 25,000 Americans in a renewed call to urge the President to nominate commissioners to the FEC, replacing five lame-duck commissioners. A “We the People” petition on the White House website calls on the President to act, stating, “To restore some faith into the democratic process, we urge you to nominate new commissioners to the FEC prior to the 2012 elections.”

The reform groups include: Americans for Campaign Reform, the Campaign Legal Center, Citizens for Responsibility and Ethics in Washington, Common Cause, the CREDO Action Network, Democracy 21, the League of Women Voters, MapLight, Public Campaign, Public Citizen, United Republic, and U.S. PIRG.

In addition to serving on expired terms, three of the five lame-duck commissioners have consistently refused to enforce the campaign finance laws. They have effectively left the American people without a campaign finance watchdog during what is expected to be the first presidential election with unlimited contributions being spent by candidate-specific Super PACs, which are supposed to be independent from the candidates they are supporting.

According to Democracy 21 President Fred Wertheimer:

The FEC is a dysfunctional campaign finance enforcement agency that is being held captive by three Republican Commissioners, led by Commissioner Don McGahn, who consistently refuse to enforce and properly interpret the laws.

As long as President Obama refuses to nominate new Commissioners, political operatives are going to assume they can ignore the nation’s campaign finance laws at will. President Obama has a responsibility to the country to nominate new FEC Commissioners and end the “hear no evil, see no evil” non-enforcement approach taken by Commissioner McGahn and his Republican colleagues.

The letter from reform groups to President Obama states:

During the 2008 presidential campaign you recognized the problems at the FEC and unequivocally called for new commissioners. In response to questions raised in September 2007, by the Midwest Democracy Alliance, you responded:

I believe that the FEC needs to be strengthened and that individuals named to
the Commission should have a demonstrated record of fair administration of the law and an ability to overcome partisan biases. My initial goal as president will be to determine whether we can make the FEC more effective through appointments. What the FEC needs most is strong, impartial leadership that will promote integrity in our election system.

The letter continues:

You also promised to appoint commissioners committed to enforcing our nation’s election laws.  With the exception of one unsuccessful attempt in 2009, however, you have failed to nominate anyone to replace any of the five lame duck commissioners.

You have the opportunity and responsibility to address the dysfunction at the FEC; the agency will not change until you exercise your executive branch responsibility to nominate five new commissioners.  It is essential for these nominations to be based on merit, skills, qualifications, experience, background and professional reputation.  It is also essential for any nominee to have a basic commitment to enforcing the campaign finance laws as written by Congress and interpreted by the courts.  Individuals ideologically opposed to campaign finance laws must no longer be given the responsibility to enforce these laws.

The complete text of the letter follows below.

February 28, 2012

The President
The White House
Washington, D.C. 20500

Dear Mr. President:

We write to follow up on our WhiteHouse.gov “We the People” petition, signed by over 25,000 individuals from around the country, calling on you to nominate new commissioners to the Federal Election Commission (FEC) prior to the 2012 electionswho will faithfully enforce existing campaign finance laws and close existing loopholes. 

The FEC is widely recognized as a dysfunctional agency that consistently refuses to enforce federal campaign finance laws enacted to prevent the corruption of federal officeholders and government decisions.  Five of the six current commissioners are serving despite expired terms, and three openly flaunt their routine refusal to enforce existing campaign finance laws, even where the FEC’s professional staff has called for an investigation.  This is an unacceptable situation.

During the 2008 presidential campaign you recognized the problems at the FEC and unequivocally called for new commissioners. In response to questions raised in September 2007, by the Midwest Democracy Alliance, you responded:

I believe that the FEC needs to be strengthened and that individuals named to
the Commission should have a demonstrated record of fair administration of the law and an ability to overcome partisan biases. My initial goal as president will be to determine whether we can make the FEC more effective through appointments. What the FEC needs most is strong, impartial leadership that will promote integrity in our election system. 

You also promised to appoint commissioners committed to enforcing our nation’s election laws.  With the exception of one unsuccessful attempt in 2009, however, you have failed to nominate anyone to replace any of the five lame duck commissioners.

You have the opportunity and responsibility to address the dysfunction at the FEC; the agency will not change until you exercise your executive branch responsibility to nominate five new commissioners.  It is essential for these nominations to be based on merit, skills, qualifications, experience, background and professional reputation.  It is also essential for any nominee to have a basic commitment to enforcing the campaign finance laws as written by Congress and interpreted by the courts.  Individuals ideologically opposed to campaign finance laws must no longer be given the responsibility to enforce these laws.

Nominating commissioners based on merit and qualifications may well create a conflict with congressional leaders accustomed to choosing the commissioners themselves.  Given the completely dysfunctional state of the FEC and the enormous damage that has been done to our campaign finance laws, however, we believe this is a fight worth having.

Once appropriate nominations are made, the responsibility will pass to the Senate to address the FEC scandal.  Senators will face a clear choice: vote to confirm new FEC commissioners selected on the basis of merit and qualifications, or vote to perpetuate a system undermining enforcement of the nation’s campaign finance law at a time when there is growing public anger over the money pouring into federal elections.

The effort to remake the FEC and restore the integrity of our campaign finance laws cannot begin until you nominate five new commissioners.  We look forward to the White House official statement in response to our successful “We the People” petition.

Thank you for your consideration.

Americans for Campaign Reform
Campaign Legal Center
Citizens for Responsibility and Ethics in Washington
Common Cause
CREDO Action Network
Democracy 21
League of Women Voters of the U.S.
MapLight
Public Campaign
Public Citizen
United Republic
U.S. PIRG