FEC Gridlock Broken with Confirmations

The Senate last night confirmed five new commissioners for the Federal Elections Commission under the terms of a deal reached with the Bush Administration to end a six-month long stalemate that had prevented the elections watchdog from issuing rulings and enforcing election laws. Democratic Senators refused to confirm a Bush nominee, Hans von Spakovsky, a former Justice Department official in the Voting Section of the Civil Rights Division, over his advocacy for policies that the Democrats considered to be discriminatory. Von Spakovsky withdrew his name soon after the deal was struck between the Administration and Senate negotiators, paving the way for last night's confirmations.

The FEC has been unable to operate since October 2007 due in part to a hold placed on von Spakovsky's nomination by Sen. Barack Obama. Obama placed the hold out of concern over certain decisions made by the Voting Section during von Spakovsky's tenure, specifically the Justice Department's defense of a Georgia voter identification law and a Texas redistricting plan, both of which were later upheld by federal courts. In retaliation for Obama's hold, Republican Senators placed holds of their own on three other nominees to the commission, leaving only two confirmed commissioners, not enough for the Commission to reach a quorum, hold a meeting, or issue a ruling.

With its new commissioners in place, the FEC will now be able distribute federal campaign funding to Sen. John McCain, Sen. Obama has reversed an earlier pledge to accept federal campaign financing, and rule on an outstanding Democratic Party challenge to McCain's decision to opt out of federal financing for the primary campaign. The new members of the Commission include Cynthia Bauerly, the former legislative director for Sen. Chuck Schumer (D-NY), Republicans Caroline Hunter and Donald McGahn, Matthew Petersen, and Steven Walther.

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