Obama was among the leading proponents of a provision requiring disclosure to the FEC of contributions bundled by lobbyists to congressional and presidential candidates. And the provision was included in the "Honest Leadership and Open Government Act," which President Bush signed into law in September.
But the commission lacks the votes necessary to take any official actions, including implementing — let alone enforcing — the law, rendering it effectively moot. That’s because Senate Democrats, led by Obama, blocked the confirmation of four nominees to the six-seat agency, leaving it without a quorum.
Obama and Sen. Russ Feingold (D-Wis.) technically put a hold on the Senate confirmation of only one nominee: Hans von Spakovsky. He has been accused of diluting minority voting power during an earlier stint as a Justice Department lawyer.
But Senate Republicans demanded that all four nominees (two Democrats, two Republicans) be voted on as a group — the way confirmations have traditionally gone for the commission, which by statute consists of three appointees from each party.
The derailing of von Spakovsky bolstered Obama’s civil rights bona fides. It pleased Democratic and black activists, because it dovetailed with their concerns about politicization of the Justice Department under President Bush.
linkJanuary 10, 2008
The Federal Election Commission is moving to conduct some business despite a political standoff that leaves it unable to issue formal opinions.
After tweaking its rules in December, the agency announced Tuesday it will convene a Jan. 24 public meeting where the commission's two members, Republican David Mason and Democrat Ellen Weintraub, will discuss reports drafted by staff in response to requests for opinions. Without a quorum, the commissioners cannot approve binding opinions, but the discussions and staff recommendations should guide the requesters' actions, according to an FEC spokesman.
<...>
The FEC usually has three Republican and three Democratic members but has been left short by a clash between President Bush and Senate Democrats.
Sens. Barack Obama, D-Ill., and Russell Feingold, D-Wis., put holds on the renomination of Hans von Spakovsky, due to his support while at the Justice Department's civil rights division for a photo identification law that liberal groups said was aimed at suppressing minority voting. Senate Minority Leader Mitch McConnell has not allowed other nominees to move separately, and Bush has refused to offer replacement nominees.
With recess appointments of von Spakovsky and two other commissioners expired, the agency cannot vote on binding decisions until the situation is resolved. That leaves the FEC unable to issue fines or offer official guidance on closely watched issues such as a provision in a new law requiring lobbyists or others who bundle political contributions worth more than $15,000 to report their activity.
But in anticipation of the problem, the commissioners Dec. 20 adopted special rules to allow meeting with just two commissioners present if four are not confirmed. Previously public meetings required four commissioners. The special rules allow the commission to discuss any matter and to take administrative steps like scheduling events, issuing campaign guides, resolving budget matters, awarding contracts and appointing new staff.
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