Principal Differences Between Proposed Federal Election AdministrationAnd Current Federal Election Commission
1.Composition of the AgencyCurrent:
The Federal Election Commission (FEC) is composed of six Commissioners,no more than three of whom can come from one political party. This has resulted, as a practical matter, in an FEC composed of three Democrats and three Republicans. TheCommissioners are appointed by the resident with the ad!ice and consent of the "enate.The position of FEC Chairman rotates on an annual basis amon# the six Commissionersand does not ha!e the authority to mana#e the a#ency.
Proposed:
The Federal Election $dministration (FE$) will consist of a Chairman andfour additional members, all of whom are appointed by the resident with the ad!ice andconsent of the "enate. The Chairman will ser!e a term of ten years and will ha!e broad powers to mana#e and administer the a#ency, includin# the power to hire the staff director and #eneral counsel, and to set the bud#et for the a#ency. The four other members will each ser!e sta##ered six year terms. %o more than two members of thea#ency can be from the same political party.
2. se of Administrati!e "aw #udgesCurrent:
$ll decisions on enforcement matters are made by a ma&ority !ote of the sixcommissioners. The FEC does not ma'e use of administrati!e law &ud#es.
Proposed:
Enforcement proceedin#s for !iolations of campai#n finance laws will beconducted before impartial administrati!e law &ud#es, similar to other a#encies (such asthe "ecurities and Exchan#e Commission, the En!ironmental rotection $#ency and the %ational abor Relations oard). $n administrati!e law &ud#e ($*) will conduct an enforcement proceedin# after thefi!e+member FE$, by ma&ority !ote, ma'es an initial determination to pursue anenforcement action. The FE$ #eneral counsel will represent the FE$ in enforcement proceedin#s. The $* will ha!e the authority to ma'e findin#s of fact and reachconclusions of law. The #eneral counsel and any respondent will ha!e the ri#ht to appealan $* decision to the fi!e+member FE$. The decision of the FE$ re#ardin# such anappeal will constitute final a#ency action and be sub&ect to &udicial re!iew.
$.PowersCurrent:
The FEC, unli'e a number of other a#encies, has no power to find that!iolations of law ha!e occurred or to impose penalties or other sanctions. $fter conductin# an in!esti#ation and reachin# a conclusion that probable cause- exists to belie!e a !iolation has occurred, the FEC can resol!e the matter only by reachin# a