“It’s déjà vu all over again”

With the announcement last week that Commissioner Caroline Hunter (R) plans to resign her seat on the Federal Election Commission (FEC), effective July 3, 2020, the agency finds itself yet again without the minimum four Commissioners necessary to open investigations, defend new lawsuits, and issue advisory opinions. As we blogged recently, the Commission went nearly nine months without a quorum until the confirmation last month of Commissioner James E. “Trey” Trainor.

The White House apparently expected Hunter’s resignation. Within just a few hours of her announcement, the White House announced its intent to nominate Allen Dickerson, the legal director of the Institute for Free Speech, as Hunter’s replacement. No timeline on beginning the confirmation process has been announced.

Since the FEC’s quorum was restored, the Commission has held one public meeting—approving a variety of routine matters, including several advisory opinions and a request to seek comment on whether the Commission should initiate a rulemaking. The Commission also met in executive session, where Commissioners discuss pending enforcement actions, litigation, and other confidential matters. The Commission is currently scheduled to meet again in executive session Tuesday and Thursday this week, which will be the last meetings before a quorum is lost again.

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.

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.

Photo of Ronald M. Jacobs Ronald M. Jacobs

Ron Jacobs focuses his practice on political law, nonprofit organizations, and crisis management, including congressional investigations, class actions, and regulatory investigations. Ron founded and co-chairs the firm’s nationally recognized Political Law practice. He advises clients on all aspects of state and federal political…

Ron Jacobs focuses his practice on political law, nonprofit organizations, and crisis management, including congressional investigations, class actions, and regulatory investigations. Ron founded and co-chairs the firm’s nationally recognized Political Law practice. He advises clients on all aspects of state and federal political law, including campaign finance, lobbying disclosure, gift and ethics rules, pay-to-play laws, and tax implications of political activities.