The Senate today confirmed James E. “Trey” Trainor III as a member of the Federal Election Commission, reestablishing a quorum just months ahead of the 2020 general election. Since August 2019, when one of the commissioners resigned, the Commission has lacked a quorum, and as a result has been unable to investigate complaints, collect fines, issue advisory opinions, or promulgate new rules.

With Trainor’s appointment, the FEC will have four commissioners—the minimum number required to take official action. This means that any vote must be unanimous, which history suggests may be hard to come by, particularly on major issues. Even when there might be broad agreement, if one Commissioner is recused from a matter due to an actual conflict or the appearance of one, the Commission would be prevented from acting on that matter.

At full strength, the Commission is a six-member body, where no more than three can be from the same political party. This structure ensures there is bipartisan support for every official action. The current Commission consists of two Republicans, one Democrat, and an independent who generally sides with the Democrats. Despite calls to fill the remaining vacancies, no further appointments appear to be imminent.

Commissioner Trainor will be greeted with a full plate. The backlog on the Commission’s enforcement docket has grown to an estimated 300 matters, some of which will need prompt action to avoid an expiring statute of limitations. Several advisory opinion requests have been pending since last summer, including questions about an online fundraising platform and the use of campaign funds to pay a candidate’s health insurance premiums. The FEC also will have to reengage in pending litigation, including one case where a default judgment was entered against the agency due to its inability to defend itself.

Venable’s Political Law group represents clients before the Federal Election Commission and helps clients comply with FEC rules and regulations.

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Janice M. Ryan

Janice Ryan is an experienced general counsel to tax-exempt organizations, specializing in lobbying and political activities compliance. Janice counsels advocacy groups, charities, associations, political organizations, and businesses on the full spectrum of legal issues related to their efforts to influence public policy and…

Janice Ryan is an experienced general counsel to tax-exempt organizations, specializing in lobbying and political activities compliance. Janice counsels advocacy groups, charities, associations, political organizations, and businesses on the full spectrum of legal issues related to their efforts to influence public policy and elections. She is adept at delivering creative solutions to complex problems and providing pragmatic day-to-day general counseling tailored to her clients’ specific needs and goals. Janice’s clients appreciate her accessibility and responsiveness, and her ability to bring together and manage the right team of attorneys within the firm to solve the problem at hand, providing her clients with seamless, full-service legal support.

Meredith K. McCoy

Meredith McCoy provides experienced guidance to businesses, tax-exempt organizations, individuals, and political groups in their efforts to impact public policy and the political process. Meredith works with clients to understand their goals and make tailored recommendations for complying with the range of laws…

Meredith McCoy provides experienced guidance to businesses, tax-exempt organizations, individuals, and political groups in their efforts to impact public policy and the political process. Meredith works with clients to understand their goals and make tailored recommendations for complying with the range of laws that may affect their plans, including tax, campaign finance, lobbying disclosure, gift and ethics, and pay-to-play laws. Her previous experience as an attorney for the Federal Election Commission helps her foresee compliance challenges and evaluate risks facing Venable’s clients. She is skilled at providing practical, user-friendly guidance that helps clients make informed decisions and achieve their objectives.

Photo of Lawrence H. Norton Lawrence H. Norton

Larry Norton, a former general counsel of the Federal Election Commission (FEC), advises clients on federal and state campaign finance laws, lobbying disclosure, gift and ethics rules, pay-to-play laws, and the tax implications of political activities. His clients include corporations and their PACs…

Larry Norton, a former general counsel of the Federal Election Commission (FEC), advises clients on federal and state campaign finance laws, lobbying disclosure, gift and ethics rules, pay-to-play laws, and the tax implications of political activities. His clients include corporations and their PACs, advocacy groups and trade associations, candidates, super PACs, lobbying shops and law firms, and high-net-worth individuals. Larry recognizes the unique issues facing organizations seeking to influence public policy and elections. He provides pragmatic and creative solutions to complex problems, troubleshoots new projects and programs, and helps clients manage their legal and reputational risks.