[EL] FEC deadlocks

JBoppjr at aol.com JBoppjr at aol.com
Fri Jul 1 06:18:23 PDT 2011


And the option is either an odd member commission or a speech czar.   In 
either event, a partisan majority emerges who can wield substantial power to  
silence opposition.  We experience some of that when Trevor Potter was  
Commissioner and was tied at the hip with the Democrats on the Commission. This  
has got to be worse.  Jim Bopp
 
 
In a message dated 6/30/2011 10:04:10 P.M. Eastern Daylight Time,  
BSmith at law.capital.edu writes:

 
That, too, has for years  been the fall-back theory - well, they deadlock 
on important things. To some  extent, of course, deadlocks are more likely on 
controversial or  important things - it would be odd to think otherwise. Of 
course, if you  define important as anything on which there is a 
"deadlock," you'll get a very  high percentage of "deadlocks" on important votes. 
Reformers have sometimes  done this - one Democracy 21 bit on this meme listed a 
3-3 vote by the  Commission not to file an amicus brief in a state law case 
as "important."  Well.
 
By any reasonable measure the FEC  deadlocks rarely, not frequently, and it 
decides most issues that come before  it (indeed, 3-3 votes decide most 
issues, at least on the enforcement docket).  It may well be that there are 
more 3-3 votes than in the recent past, as back  when the reformers when only 
convinced that I was the anti-christ and claimed  that the FEC was hopelessly 
deadlocked and wouldn't enforce the law and blah  blah blah. In fact, the 
evidence shows that, so let's just say it is true that  there are more 3-3 
votes than at many times in the past.  That is a far  cry from the regular 
suggestions that the FEC is all "deadlock" and "as good  as dead."
 
I could do a search of Jerry Spring  transcripts for "transvestite," list 
the results, and come to the conclusion  that 35% of Americans are 
cross-dressers. Some people are, indeed,  fascinated by transvestites, so I guess it 
makes for good TV, but the fact  that Jerry brings it up a lot doesn't make 
it reflective of reality - even if  it is called "reality" TV.
 
Oh, and the Republican commissioners vote  on disclosure preserved the law, 
it didn't change it. The Democrats wanted to  change it.
 

 
Bradley A.  Smith
Josiah H. Blackmore II/Shirley M. Nault  Designated Professor of Law
Capital University Law  School
303 E. Broad St.
Columbus, OH 43215
(614) 236-6317
_http://www.law.capital.edu/Faculty/Bios/bsmith.asp_ 
(http://www.law.capital.edu/Faculty/Bios/bsmith.asp) 


 
____________________________________
From:  law-election-bounces at department-lists.uci.edu on behalf of Rick  
Hasen
Sent: Thu 6/30/2011 9:46 PM
To:  law-election at uci.edu
Subject: Re: [EL] FEC  deadlocks


I pointed  to Michael Franz's post in particular, because he has done  
empirical studies of deadlocks at the FEC and his impression that things have  
changed in the McGahn era.  The analysis needs to be not only  quantitative, 
but qualitative.  The party line votes on disclosure,  enforcement, 
coordination and the Citizens United rulemaking will turn out to  be quite important 
as the 2012 election season gets into full swing.   Indeed, the Republican 
Commissioners' vote on disclosure of which  contributions must be disclosed 
to fund electioneering communications may be  the single biggest change to 
campaign finance law this election season aside  from Citizens United itself.


On 6/30/2011 6:01 PM, Smith, Brad  wrote:  
 
Over the last two years  the FEC has unanimously decided 30 of 42 advisory 
opinion requests, and  "deadlocked" on 4, or less than 10% for the 
mathmatically challenged. This  is actually a historically high rate of deadlocks, 
but still far less than  the impression one would get from listening to the 
reform community. If  history is any guide, the percentage of "deadlocked" 
votes on substantive  enforcement matters is even lower.
 
Reformers have tossed this chestnut  around for 20 plus years, attempting 
to fob off the failure of regulation in  this area on lack of effective 
enforcement rather than a complex law,  muddled objectives, legal setbacks in 
court, and a law and theories that  simply do not work. 
 
As they like to say, anecdotes do not  constitute data.
 

 
Bradley A.  Smith
Josiah H. Blackmore II/Shirley M. Nault  Designated Professor of Law
Capital University Law  School
303 E. Broad St.
Columbus, OH 43215
(614) 236-6317
_http://www.law.capital.edu/Faculty/Bios/bsmith.asp_ 
(http://www.law.capital.edu/Faculty/Bios/bsmith.asp) 


 
____________________________________
From: _law-election-bounces at department-lists.uci.edu_ 
(mailto:law-election-bounces at department-lists.uci.edu)   on behalf of Rick Hasen
Sent: Thu 6/30/2011 7:01 PM
To:  _law-election at UCI.EDU_ (mailto:law-election at UCI.EDU) 
Subject:  [EL] FEC deadlocks


There's been a  suggestion that the number of FEC deadlocks has been 
exaggerated.   Below is a post from Michael Franz on the question, included among 
all the  posts on my blog in the last couple of years in which the word 
"deadlock"  appears (I've removed from this list those posts which don't involve 
the  FEC):

Search Results for: deadlock
 
_The Bigger Story at  Today’s FEC: No New Soft Money Loophole; Jim Bopp, 
Like Stephen Colbert,  Brings Some Unanimity to the FEC_ 
(http://electionlawblog.org/?p=19997)  
Posted on _June 30, 2011_ (http://electionlawblog.org/?p=19997)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
While Stephen Colbert got _all  the attention_ 
(http://www.washingtonpost.com/politics/fec-allows-colbert-to-form-super-pac-for-2012-elections/2011/06/3
0/AGxVGBsH_story.html)  at the FEC today (link to _commission audio_ 
(http://fec.gov/audio/2011/2011063001.mp3) ), the  more important substantive 
decision was the unanimous vote of the FEC to  prevent the reopening of a_ soft 
money loophole_ (http://electionlawblog.org/?p=19632)  in  campaign finance 
law.  It’s not every day (in fact, it’s usually not  any day) that the FEC’
s actions _get praise_ (http://bit.ly/lm9Xwc)  from Fred Wertheimer. 
What happened and why? 
Here’s the back story: Jim Bopp announced the formation of a Republican  “
super PAC”–a political committee which does not make any contributions  
directly to federal candidates, and which, thanks to recent court and FEC  
rulings may take unlimited contributions (from individuals, corporations,  and 
labor unions) to be spent on independent ads supporting or opposing  federal 
candidates. What made Bopp’s proposal unique is that he would use  
Republican officeholders to raise unlimited sums for the Super PAC.  It  would not 
only create a “shadow” Republican party—it would get elected  officials back 
in the business of raising unlimited sums from corporate,  union, and 
wealthy contributors, effectively reversing the “soft money ban”  put in place by 
McCain-Feingold.  Not only did the Supreme Court uphold  that ban in 
_McConnell  v. FEC_ (http://www.law.cornell.edu/supct/html/02-1674.ZS.html)  (in a 
portion of the opinion not touched by Citizens  United), even _Justice  
Kennedy_ (http://www.law.cornell.edu/supct/html/02-1674.ZX2.html)  voted to 
uphold key parts of the ban on elected officials  soliciting unlimited funds to 
benefit their political parties. 
Democratic lawyers, including Marc Elias, in a savvy move, then filed an  
Advisory Opinion request, asking the FEC to rule on whether such unlimited  
fundraising is legal, or whether such solicitations need to be within the  
$5,000 limit for PACs which are not “super-PACs.”  So Elias got the FEC  to 
rule on whether Bopp’s plan is legal. 
Today the FEC voted on that advisory opinion request, saying that elected  
officials may not raise unlimited funds for super-PACs. I have not  seen any 
news reports yet, but Sean Parnell _tweets_ 
(https://twitter.com/#!/seanparnellCCP/status/86454867312381952)   that the Commission, on a 6-0 vote, 
approved a _revised version_ (http://fec.gov/agenda/2011/mtgdoc_1137b.pdf)  of  
Draft A to AO request 2011-12. It’s a good thing too, because it really  
would have eviscerated the soft money limits. 
Why was the FEC vote 6-0, when we’ve been seeing lots of 3-3 FEC 
_deadlocks_ (http://electionlawblog.org/?s=deadlock)  _recently_ 
(http://electionlawblog.org/?p=19927) , with the Republican  Commissioners refusing, in my view, 
to fairly enforce the law? 
I think Jim Bopp’s proposal was a bridge too far, even for the three FEC  
Commissioners.  Not only would there have been a public outcry, but I  
imagine the issue would have ended up in the courts, and created great  
uncertainty as the 2012 election season gets into full swing.  It  reminds me of when 
Judge Kavanaugh _rejected_ (http://electionlawblog.org/?p=14454)  a lawsuit 
by Bopp  seeking to end the soft money limits.  Judge Kavanaugh, no friend 
of  campaign finance regulation, said that the time may come when the Supreme 
 Court would overturn McConnell and hold the soft money limits clearly  
imposed by Congress as unconstitutional.  But until then he was bound  by 
Congress and the Court. 
So the three Republican commissioners deserve great praise today for  their 
vote in this case, but I have low expectations going forward, given  the 
Commissioners’ recent votes in coordination and disclosure cases, as  well as 
their position on the post-Citizens United rulemaking. 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=19997&title=The%20Bigger%20Story%20at%20Today’
s%20FEC:%20No%20New%20Soft%20Money%20Loophole;%20Jim%20Bopp,%20Like%20Stephen%20Colbert,%20Brings%20Some%20Unan
imity%20to%20the%20FEC&description=) 


Posted in _campaign finance_ (http://electionlawblog.org/?cat=10) ,  
_federal election  commission_ (http://electionlawblog.org/?cat=24)  | Comments 
Off 

 
_Breaking News:  Stephen Colbert Brings Temporary Bipartisan Harmony to the 
FEC_ (http://electionlawblog.org/?p=19978)  
Posted on _June 29, 2011_ (http://electionlawblog.org/?p=19978)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
An eagle-eyed reader notes a _new item_ 
(http://fec.gov/agenda/2011/mtgdoc_1138b.pdf)  posted in  connection with tomorrow’s meeting of the FEC: 
amendments to _Draft A_ (http://fec.gov/agenda/2011/mtgdoc_1138a_and_b.pdf)  of 
the  Colbert advisory opinion, proposed by five of the six commissioners (all  
besides Republican Commissioner McGahn).  This signals that things will  go 
very smoothly (and I would guess rather quickly) at tomorrow’s FEC  
meeting. 
The draft comes closer to the position of the Democratic Commissioners  
rather than the Republican Commissioners’ initial position, and it seems to  
lessen the possibility that the Colbert opinion could have (inadvertently)  
opened up a wide expansion of the “press exemption” to further undermine  
campaign finance laws. 
Why would the Republican commissioners have agreed to this?  The  likely 
reason, as my tipster suggests and I agree, is the negative publicity  that 
would come to the Republican commissioners had the FEC deadlocked and  not 
issued an AO resolving all of Colbert’s issues. 
But don’t worry.  Once the Colbert circus leaves the FEC tomorrow,  the 
agency will go back to its usual partisan deadlocks and Republican  
Commissioner obstructionism, and be _as good as  dead_ 
(http://electionlawblog.org/?s=as+good+as+dead) . 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=19978&title=Breaking%20News:%20Stephen%20Colbert%20Brings%20Temporary%20Bipartisa
n%20Harmony%20to%20the%20FEC&description=) 


Posted in _campaign finance_ (http://electionlawblog.org/?cat=10) ,  
_chicanery_ (http://electionlawblog.org/?cat=12) , _federal election  commission_ 
(http://electionlawblog.org/?cat=24)  | Comments Off 

 
_How is the FEC Like  General Franco?_ 
(http://electionlawblog.org/?p=19887)  
Posted on _June 28, 2011_ (http://electionlawblog.org/?p=19887)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
It is_  still_ 
(http://en.wikipedia.org/wiki/Generalíssimo_Francisco_Franco_is_still_dead)  _dead_ (http://www.slate.com/id/2282257/) .  _BNA_ 
(http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=21230839&vname=mpebulalliss
ues&fn=21230839&jd=a0c8g0p2b8&split=0) : 
The Federal Election Commission has deadlocked over whether to  proceed 
with an enforcement case involving allegations that Christine  O’Donnell’s 
2010 campaign for the U.S. Senate in Delaware was illegally  coordinated with 
the political action committee of the Tea Party  Movement.
A report from the FEC general counsel’s office recommended an  
investigation of the unsuccessful campaign of O’Donnell, a Republican, as  well as the 
Tea Party organization, called Our Country Deserves Better  PAC—
TeaPartyExpress.org.

The subscription-only BNA report details additional new documents showing  
campaign finance obstructionism by the three Republican FEC  commissioners. 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=19887&title=How%20is%20the%20FEC%20Like%20General%20Franco?&description=) 


Posted in _campaign finance_ (http://electionlawblog.org/?cat=10)   | 
Comments Off 

 
_“Draft Limiting  ‘Super PAC’ Fund-Raising May Not Be FEC’s Last Word on 
Question”_ (http://electionlawblog.org/?p=19632)  
Posted on _June 24, 2011_ (http://electionlawblog.org/?p=19632)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
BNA_  reports_ 
(http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=21191867&vname=mpebulallissues&fn=21191867&jd=a0c8e1d4d4&split=0)  on the 
draft advisory opinion on next week’s agenda: “A draft  advisory opinion ruling 
released by the Federal Election Commission would  reject a proposal to 
allow national officials to help so-called Super PACs  raise unlimited 
contributions….However, FEC officials said June 24 that they  expect a competing 
draft to be released before the FEC meets to consider the  pending advisory 
opinion on Super PAC fund-raising. The yet-unreleased draft  may conclude that 
there should be no restrictions on federal and party  officials’ 
fund-raising for these PACs.” 
Let’s be clear: that competing proposal would get party leaders back into  
raising soft money.  If the FEC deadlocks again, and this leads to a  green 
light to such a turn of events, it would be a very bad development in  my 
opinion—reversing the other pillar of McCain-Feingold.  It is not  clear to me 
whether there could be preemptive court action if, as I expect  could well 
happen, the FEC deadlocks on this issue on party lines. 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=19632&title=“Draft%20Limiting%20‘Super%20PAC’
%20Fund-Raising%20May%20Not%20Be%20FEC’s%20Last%20Word%20on%20Question”&description=) 


Posted in _campaign finance_ (http://electionlawblog.org/?cat=10)   | 
Comments Off 

 
_“U.S. Federal  Election Commission Deadlocks on Greater ’12 Donor 
Disclosure”_ (http://electionlawblog.org/?p=19232)  
Posted on _June 15, 2011_ (http://electionlawblog.org/?p=19232)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
Bloomberg _reports_ 
(http://www.bloomberg.com/news/2011-06-15/u-s-federal-election-panel-considers-increased-donor-disclosure-for-2012.html) .   Quoth 
Craig Holman: “I’ve never seen an FEC this bad before..They’re just  giving 
the green light to everyone saying, ‘We’re not going to enforce the  laws; 
you can do whatever you want.’” 
As I’ve said, the FEC is _as good as dead_ 
(http://www.slate.com/id/2282257/) . 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=19232&title=“U.S.%20Federal%20Election%20Commission%20Deadlocks%20on%20Greater%20
’12%20Donor%20Disclosure”&description=) 


Posted in _campaign finance_ (http://electionlawblog.org/?cat=10) ,  
_federal election  commission_ (http://electionlawblog.org/?cat=24)  | Comments 
Off 

 
_“Pattern of FEC  Deadlocks Continues In Cases Involving Website, 
Disclaimers”_ (http://electionlawblog.org/?p=18874)  
Posted on _June 7, 2011_ (http://electionlawblog.org/?p=18874)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
BNA _reports_ 
(http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=21033513&vname=mpebulallissues&fn=21033513&jd=a0c8a4d2w2&split=0) .   It also 
has a report on _Danielczyk_ 
(http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=21033513&vname=mpebulallissues&fn=21033513&jd=a0c8a4d2w2&split=0)  
 and a_  possible ethics investigation_ 
(http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=21033514&vname=mpebulallissues&fn=21033514&jd=a0c8a4d2
y5&split=0)  of  Rep. Weiner. 


 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=18874&title=“
Pattern%20of%20FEC%20Deadlocks%20Continues%20In%20Cases%20Involving%20Website,%20Disclaimers”&description=) 


Posted in _Uncategorized_ (http://electionlawblog.org/?cat=1)   | Comments 
Off 

 
_FEC Dismisses Case  Against O’Donnell; Reasons Unclear_ 
(http://electionlawblog.org/?p=18646)  
Posted on _June 2, 2011_ (http://electionlawblog.org/?p=18646)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
_Here_ (http://www.politico.com/news/stories/0611/56122.html) ‘s a  
Politico report.  There’s a delay before the FEC releases its  file.  We’ll have 
to see if this dismissal is because a majority of the  Commission found no 
problem with O’Donnell’s conduct, or if we have on our  hands yet another 3-3 
partisan deadlock. 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=18646&title=FEC%20Dismisses%20Case%20Against%20O’
Donnell;%20Reasons%20Unclear&description=) 


Posted in _Uncategorized_ (http://electionlawblog.org/?cat=1)   | Comments 
Off 




_“FEC Appears  Deadlocked, Postpones Vote On Party Request to Fund 
Litigation Costs”_ (http://electionlawblog.org/?p=17722)   
Posted on _March 16, 2011_ (http://electionlawblog.org/?p=17722)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
BNA _reports_ 
(http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=20071783&vname=mpebulallissues&fn=20071783&jd=a0c6v2z8e7&split=0) . 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=17722&title=“
FEC%20Appears%20Deadlocked,%20Postpones%20Vote%20On%20Party%20Request%20to%20Fund%20Litigation%20Costs”&description=) 


Posted in _Uncategorized_ (http://electionlawblog.org/?cat=1)   | Comments 
Off 

 
_“Secret campaign ad  financing in offing as FEC is deadlocked”_ 
(http://electionlawblog.org/?p=17588)  
Posted on _February 28, 2011_ (http://electionlawblog.org/?p=17588)  by  
_Rick Hasen_ (http://electionlawblog.org/?author=3)  
 
The LA Times offers _this  report_ 
(http://www.latimes.com/news/nationworld/nation/la-na-election-commission-deadlock-20110228,0,2505157.story) . 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=17588&title=“
Secret%20campaign%20ad%20financing%20in%20offing%20as%20FEC%20is%20deadlocked”&description=) 


Posted in _Uncategorized_ (http://electionlawblog.org/?cat=1)   | Comments 
Off 

 
_“The FEC Is As Good  As Dead; The new Republican commissioners are gutting 
campaign finance  law.”_ (http://electionlawblog.org/?p=17343)  
Posted on _January 25, 2011_ (http://electionlawblog.org/?p=17343)  by  
_Rick Hasen_ (http://electionlawblog.org/?author=3)  
 
I have written _this Jurisprudence column_ 
(http://www.slate.com/id/2282257/)  for  Slate. It begins: 
Last week, the press was full of retrospectives on the one-year  
anniversary of the Supreme Court’s decision in Citizens United v. FEC,  which freed 
corporate cash for use in federal elections. The Federal  Election Commission, 
the six-member bipartisan body charged by Congress  with administering and 
enforcing federal campaign finance laws, marked the  anniversary with a 3-3 
partisan deadlock over proposed rules to revamp  those laws in light of the 
Citizens United opinion. Unfortunately, this  was business as usual at the 
FEC: For the past several years the three  Republican FEC commissioners have 
blocked enforcement of much of what  remains of federal campaign finance 
law. As we enter the 2012 election  season, the FEC is as good as dead, and the 
already troubling campaign  finance world of secret unlimited donations is 
bound to get worse. 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=17343&title=“
The%20FEC%20Is%20As%20Good%20As%20Dead;%20The%20new%20Republican%20commissioners%20are%20gutting%20campaign%20finance%20law.”&description=) 


Posted in _Uncategorized_ (http://electionlawblog.org/?cat=1)   | Comments 
Off 

 
_CU Anniversary  Roundup_ (http://electionlawblog.org/?p=17306)  
Posted on _January 21, 2011_ (http://electionlawblog.org/?p=17306)  by  
_Rick Hasen_ (http://electionlawblog.org/?author=3)  
 
Political Activity Law _rounds  up_ 
(http://politicalactivitylaw.com/2011/01/21/in-this-a-m-political-law-report-almost-all-citizens-united-on-its-one-y
ear-anniversay/)  the opeds, including by _Joel  Gora_ 
(http://online.wsj.com/article/SB10001424052748704881304576093862005277084.html?mod=googlenews_ws
j)  (WSJ), _Bossie  and Olson_ 
(http://www.washingtonpost.com/wp-dyn/content/article/2011/01/20/AR2011012005149.html)  (WaPo), and _Jamie  Raskin_ 
(http://www.huffingtonpost.com/jamie-raskin/happy-birthday-citizens-u_b_811681.ht
ml)  (Huffpo). He also links to an _NPR  report_ 
(http://www.npr.org/2011/01/21/133083209/a-year-later-citizens-united-reshapes-politics) .
See also _this  BNA report_ 
(http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=19020632&vname=mpebulallissues&fn=19020632&jd=a0c6b9f7v1&split=0) 
 on the FEC’s deadlock yesterday. 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=17306&title=CU%20Anniversary%20Roundup&description=) 


Posted in _Uncategorized_ (http://electionlawblog.org/?cat=1)   | Comments 
Off 

 
_FEC Has 3-3 Partisan  Split on Citizens United Rulemaking_ 
(http://electionlawblog.org/?p=17301)  
Posted on _January 20, 2011_ (http://electionlawblog.org/?p=17301)  by  
_Rick Hasen_ (http://electionlawblog.org/?author=3)  
 
As _expected_ (http://electionlawblog.org/archives/018544.html) , the FEC  
has deadlocked 3-3 on the NPRM. _Here_ 
(http://fec.gov/members/statements/GOPCommissionersCNPRMStatement1-20-11.pdf)   is a statement of the three 
Republican commissioners. If and when there is a  statement from the Democratic 
commissioners, I’ll link.
UPDATE: _Here_ 
(http://www.fec.gov/members/bauerly/statements/CLB_ELW_Statement_on_C_%20rulemaking.pdf)   is a statement from Democratic Commissioners 
Bauerly and Weintraub. 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=17301&title=FEC%20Has%203-3%20Partisan%20Split%20on%20<i>Citizens%20United</i>%20
Rulemaking&description=) 


Posted in _Uncategorized_ (http://electionlawblog.org/?cat=1)   | Comments 
Off 

 
_Another Day, Another  BNA Report on a Partisan Deadlock at the FEC_ 
(http://electionlawblog.org/?p=17296)  
Posted on _January 20, 2011_ (http://electionlawblog.org/?p=17296)  by  
_Rick Hasen_ (http://electionlawblog.org/?author=3)  
 
See _Commissioners  Deadlock on Case Involving Americans for Job Security, 
Buck  Campaign_ 
(http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=19009496&vname=mpebulallissues&fn=19009496&jd=a0c6b7a1x0&split=0) . 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=17296&title=Another%20Day,%20Another%20BNA%20Report%20on%20a%20Partisan%20Deadloc
k%20at%20the%20FEC&description=) 


Posted in _Uncategorized_ (http://electionlawblog.org/?cat=1)   | Comments 
Off 

 
_“FEC Seems Headed  for Continued Deadlock On Rule Following Citizens 
United Decision”_ (http://electionlawblog.org/?p=17282)  
Posted on _January 18, 2011_ (http://electionlawblog.org/?p=17282)  by  
_Rick Hasen_ (http://electionlawblog.org/?author=3)  
 
BNA _reports_ 
(http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=19006139&vname=mpebulallissues&fn=19006139&jd=a0c6b5a6c8&split=0)   on an 
_agenda_ (http://www.fec.gov/agenda/2011/agenda20110120.shtml)   following a sad, 
predictable pattern: 
A 143-page draft expected to be supported by the FEC’s three  Democratic 
commissioners includes provisions that could require disclosure  of all 
contributors above a threshold level to groups spending money on  federal 
campaigns. The Democratic draft also includes a proposal to  restrict campaign 
spending by companies that have more than a minimum  level of ownership or 
control by foreign nationals.
A rival 91-page  draft believed to be backed by the three Republican 
commissioners excludes  the proposals on disclosure and foreign nationals and 
concentrates more  narrowly on eliminating existing regulatory provisions that 
restrict  campaign spending by corporations and unions. 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=17282&title=“
FEC%20Seems%20Headed%20for%20Continued%20Deadlock%20On%20Rule%20Following%20Citizens%20United%20Decision”&description=) 


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_“FEC Deadlocks on  Whether E-Mail To Sean Hannity Followers Broke Law”_ 
(http://electionlawblog.org/?p=17255)  
Posted on _January 15, 2011_ (http://electionlawblog.org/?p=17255)  by  
_Rick Hasen_ (http://electionlawblog.org/?author=3)  
 
BNA _reports_ 
(http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=18964515&vname=mpebulallissues&fn=18964515&jd=a0c5x2q4w9&split=0) . 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=17255&title=“
FEC%20Deadlocks%20on%20Whether%20E-Mail%20To%20Sean%20Hannity%20Followers%20Broke%20Law”&description=) 


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_“FEC Deadlocks 3-3  on Charges Involving Conduit Contributions, 
Coordinated Spending”_ (http://electionlawblog.org/?p=17210)  
Posted on _January 7, 2011_ (http://electionlawblog.org/?p=17210)  by  
_Rick Hasen_ (http://electionlawblog.org/?author=3)  
 
BNA offers _this  report_ 
(http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=18933706&vname=mpebulallissues&fn=18933706&jd=a0c5w1m6a0&split=0) . 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=17210&title=“
FEC%20Deadlocks%203-3%20on%20Charges%20Involving%20Conduit%20Contributions,%20Coordinated%20Spending”&description=) 


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_“FEC Deadlocks on  PAC Advisory Request: How the lack of a ruling impacts 
the future of  PACs”_ (http://electionlawblog.org/?p=15938)  
Posted on _September 28, 2010_ (http://electionlawblog.org/?p=15938)  by 
_Rick Hasen_ (http://electionlawblog.org/?author=3)  
 
The Strategist offers _this  analysis_ 
(http://campaign.r20.constantcontact.com/render?llr=pazqtmdab&v=001KOjYle_zlG_UZ6hIQhSudZomLvvg4hQ1PkKfORHIB1wLvv
0xdoyTl-7jaLshSBs-RTdKFSNQJL-hmH1naZ6ADfpk_20S9znl9_PV9Pi_Gkk=) . 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=15938&title=“
FEC%20Deadlocks%20on%20PAC%20Advisory%20Request:%20How%20the%20lack%20of%20a%20ruling%20impacts%20the%20future%20of%20PACs”&description=) 


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_“FEC Deadlocks on  Advisory Opinion Bid Asking for Unlimited Contributions 
to PAC”_ (http://electionlawblog.org/?p=15909)  
Posted on _September 24, 2010_ (http://electionlawblog.org/?p=15909)  by 
_Rick Hasen_ (http://electionlawblog.org/?author=3)  
 
BNA _reports_ 
(http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=17833997&vname=mpebulallissues&fn=17833997&jd=a0c4g1q8d7&split=0) . 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=15909&title=“
FEC%20Deadlocks%20on%20Advisory%20Opinion%20Bid%20Asking%20for%20Unlimited%20Contributions%20to%20PAC”&description=) 


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_May 28 CRS Report on  DISCLOSE Act_ (http://electionlawblog.org/?p=14968)  
Posted on _June 3, 2010_ (http://electionlawblog.org/?p=14968)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
Yesterday I wrote _this post_ 
(http://electionlawblog.org/archives/016121.html)  about a  new CRS report which mentions the FEC’s potential role in 
enforcing the  DISCLOSE Act, if it passes. I have now received a copy of the 
report and  posted it _here_ 
(http://electionlawblog.org/archives/CRS_Disclose.pdf) . Here  is the relevant language about the FEC: 
Importantly, FECA requires that adopting rules and developing forms  (among 
other provisions) requires affirmative votes from at least four of  the six 
Commissioners. A series of deadlocked votes (e.g., 3-3 ties) among  members 
of the current Commission, however, suggests that disagreement  among 
Commissioners is possible–particularly on controversial or ambiguous  aspects of 
the legislation.55 If disagreements resulted in deadlock or  failure to 
implement the law as Congress intends, the DISCLOSE Act’s  effectiveness could 
be delayed or compromised. 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=14968&title=May%2028%20CRS%20Report%20on%20DISCLOSE%20Act&description=) 


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_“FEC Deadlocks on  Soft Money”_ (http://electionlawblog.org/?p=14924)  
Posted on _May 27, 2010_ (http://electionlawblog.org/?p=14924)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
CQ Politics _reports_ 
(http://blogs.cqpolitics.com/eyeon2010/2010/05/fec-deadlocks-on-soft-money-qu.html) :  “The fourth time was not the charm: the 
Federal Election Commission could  not agree Thursday on whether members of 
Congress could raise unlimited  funds for organizations pushing state ballot 
initiatives.” 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=14924&title=“FEC%20Deadlocks%20on%20Soft%20Money”&description=) 


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_“New FEC Draft Would  Grant AO Request To Preempt State Laws Barring ‘
Robocalls’”_ (http://electionlawblog.org/?p=13948)  
Posted on _January 9, 2010_ (http://electionlawblog.org/?p=13948)  by  
_Rick Hasen_ (http://electionlawblog.org/?author=3)  
 
_BNA_ 
(http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=15896914&vname=mpebulallissues&fn=15896914&jd=a0c1u9y3w5&split=0) :  “The existence of 
the new draft appeared to indicate that some in the FEC  now are considering 
granting the American Future Fund request. Such a move  would override laws 
in about a dozen states that currently ban or restrict  nearly all 
automatically placed calls, including calls from federal  political committees.”
My prediction: 3-3 partisan deadlock. 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=13948&title=“
New%20FEC%20Draft%20Would%20Grant%20AO%20Request%20To%20Preempt%20State%20Laws%20Barring%20‘Robocalls’”&description=) 


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_“Deadlocked FEC Vote  Dismisses Charges Of Illegal Contributions by 
Florida Company”_ (http://electionlawblog.org/?p=13841)  
Posted on _December 12, 2009_ (http://electionlawblog.org/?p=13841)  by  

_Rick Hasen_ (http://electionlawblog.org/?author=3)  
 
BNA _reports_ 
(http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=15835185&vname=mpebulallissues&fn=15835185&jd=a0c1q6v8t3&split=0)   on another 
3-3 partisan split. In this case, though employees of the company  
investigated went to jail for illegal contributions, the FEC Republican  
commissioners voted against enforcement against the company under  investigation. “
Documents placed on the FEC website Dec. 10 indicated that  the PBSJ case–
designated Matter Under Review (MUR) 5903–was dropped after  the six FEC 
commissioners _deadlocked_ (http://eqs.sdrdc.com/eqsdocs/29044253724.pdf)  3-3,  along 
party lines, on _an FEC staff  recommendation_ 
(http://eqs.sdrdc.com/eqsdocs/29044253895.pdf)  to pursue the matter.” 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=13841&title=“
Deadlocked%20FEC%20Vote%20Dismisses%20Charges%20Of%20Illegal%20Contributions%20by%20Florida%20Company”&description=) 


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_“FEC votes to render  no opinion on Brunner campaign plan”_ 
(http://electionlawblog.org/?p=13655)  
Posted on _November 5, 2009_ (http://electionlawblog.org/?p=13655)  by  
_Rick Hasen_ (http://electionlawblog.org/?author=3)  
 
And it was _not_ 
(http://www.columbusdispatch.com/live/content/local_news/stories/2009/11/05/brunner_fec.html?sid=101)   because of a partisan 
deadlock. 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=13655&title=“
FEC%20votes%20to%20render%20no%20opinion%20on%20Brunner%20campaign%20plan”&description=) 


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_“Election Commission  Decisions Deadlocking on Party Lines”_ 
(http://electionlawblog.org/?p=13469)  
Posted on _September 27, 2009_ (http://electionlawblog.org/?p=13469)  by 
_Rick Hasen_ (http://electionlawblog.org/?author=3)  
 
The NY Times offers _this  report_ 
(http://www.nytimes.com/2009/09/27/us/politics/27elect.html) . 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=13469&title=“Election%20Commission%20Decisions%20Deadlocking%20on%20Party%20Lines
”&description=) 


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_“Commissioners  Deadlock Again on Rulings About Key Campaign Finance Law 
Questions”_ (http://electionlawblog.org/?p=13166)  
Posted on _July 30, 2009_ (http://electionlawblog.org/?p=13166)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
BNA _reports_ 
(http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=14103976&vname=mpebulallissues&fn=14103976&jd=a0b9e6r4f3&split=0)   ($). 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=13166&title=“
Commissioners%20Deadlock%20Again%20on%20Rulings%20About%20Key%20Campaign%20Finance%20Law%20Questions”&description=) 


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_“FEC Ready to  Consider Competing Drafts Of Advisory on ‘Political 
Committee’ Status”_ (http://electionlawblog.org/?p=13103)   
Posted on _July 16, 2009_ (http://electionlawblog.org/?p=13103)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
BNA _reports_ 
(http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=13967070&vname=mpebulallissues&fn=13967070&jd=A0B9A2K1J2&split=0)   ($): “The 
Federal Election Commission is set to consider July 16 two  competing draft 
advisory opinions regarding a key legal issue — ‘political  committee’ 
status — with the dueling drafts suggesting that the FEC  commissioners may again 
be headed for deadlock over a contentious question  of campaign finance 
law. The rival rulings drafted by FEC staff attorneys  respond to a request for 
an advisory opinion (AO 2009-13) on behalf of a  consulting company called 
Black Rock Group. The company is headed by two  veteran political 
professionals with strong ties to Republican candidates  and organizations, Carl Forti 
and Michael Dubke.” 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=13103&title=“
FEC%20Ready%20to%20Consider%20Competing%20Drafts%20Of%20Advisory%20on%20‘Political%20Committee’%20Status”&description=) 


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_FEC Republican  Commissioners Go on the Offensive_ 
(http://electionlawblog.org/?p=13091)  
Posted on _July 14, 2009_ (http://electionlawblog.org/?p=13091)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
_Caroline  Hunter_ 
(http://www.rollcall.com/issues/55_6/guest/36730-1.html?type=printer_friendly)  (Roll Call): “Any superficial allegations about what 
has  happened over the past year reflect fundamental misperceptions about 
why the  commission exists and how the commission operates. As borne out by 
the FEC’s  deliberately crafted and statutorily prescribed structure, 
limitations and  powers, the law is not currently as some envision it.”
_Don McGahn_ (http://www.politico.com/news/stories/0709/24874.html)   
(Politico): “One choice is for commissioners to reject this activist  approach, 
regardless of how the resulting ‘deadlock’ is portrayed. I have  done just 
that.” 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=13091&title=FEC%20Republican%20Commissioners%20Go%20on%20the%20Offensive&descript
ion=) 


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_FEC Considering  Alternative Drafts AOs on Coleman Paying His Legal Bills 
with FEC Funds_ (http://electionlawblog.org/?p=12903)   
Posted on _June 19, 2009_ (http://electionlawblog.org/?p=12903)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
See _here_ 
(http://minnesotaindependent.com/37285/fec-coleman-campaign-lawsuits) .  It is possible that the FEC will adopt a different position than 
those in  these drafts, or that there could be a deadlock. 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=12903&title=FEC%20Considering%20Alternative%20Drafts%20AOs%20on%20Coleman%20Payin
g%20His%20Legal%20Bills%20with%20FEC%20Funds&description=) 


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_“Reformers Fear  Quick Vote on Sullivan Could Discourage Other Changes at 
FEC”_ (http://electionlawblog.org/?p=12889)  
Posted on _June 17, 2009_ (http://electionlawblog.org/?p=12889)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
BNA has a _must-read_ 
(http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=13006704&vname=mpebulallissues&fn=13006704&jd=A0B8W7Y3X6&split=0)   (or 
at least must-read if you have a paid subscription) report. “Despite  these 
complaints [about deadlock at the FEC, officials and outside observers  
indicate privately that McGahn and Walther apparently continue to benefit  from 
strong support on the part of key congressional leaders, including  Senate 
Republican Leader Mitch McConnell (R-Ky.) and Senate Majority Leader  Harry 
Reid (D-Nev.). There appears to be little support on Capitol Hill for  
replacing either or both until sometime in 2010, at the earliest…Another  veteran 
reformer, Craig Holman of the watchdog group Public Citizen, said he  was 
surprised in May when Obama nominated Sullivan to replace Weintraub but  
mentioned nothing about replacement of other FEC commissioners, including  
McGahn. Holman noted that Weintraub, the one commissioner now slated for  
replacement, has been among the most vocal at the FEC in criticizing the  
Republican commissioners for voting to drop enforcement cases.”
It  confirms my fears that there’s nothing coming out of the Obama  
administration on FEC reform in the near term, and that the pattern of 3-3  splits 
along party lines (primarily for ideological, not narrow party,  reasons) 
will continue. At worst, soon-to-be Commissioner Sullivan will vote  with the 
three Republicans in rulemakings and on AOs to further weaken  enforcement 
at the FEC. If trends continue, expect to see much less  regulation, and much 
less enforcement of regulation, as we enter the 2010  and 2012 election.
I will have more later today on the newest schism at  the FEC. 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=12889&title=“
Reformers%20Fear%20Quick%20Vote%20on%20Sullivan%20Could%20Discourage%20Other%20Changes%20at%20FEC”&description=) 


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_“New FEC Pick Must  Respect Law’s Boundaries”_ 
(http://electionlawblog.org/?p=12878)  
Posted on _June 16, 2009_ (http://electionlawblog.org/?p=12878)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
Steve Hoersting has written _this Roll  Call oped_ 
(http://www.rollcall.com/issues/54_146/guest/35852-1.html) . A snippet: “The unease over Sullivan 
simmering among  self-styled reform organizations is an extension of their 
attacks on the FEC  for “partisan deadlocks” and a supposed failure to enforce 
“the law.”  However, the split votes represent genuine disagreements 
between the  commissioners and are shaped by Supreme Court rulings– not 
partisanship or  flouting the law.” 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=12878&title=“New%20FEC%20Pick%20Must%20Respect%20Law’s%20Boundaries”
&description=) 


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_“Senate Panel To  Vote on Federal Election Commission Nominee”_ 
(http://electionlawblog.org/?p=12833)  
Posted on _June 11, 2009_ (http://electionlawblog.org/?p=12833)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
CQ Politics offers _this  report_ 
(http://www.cqpolitics.com/wmspage.cfm?docID=news-000003140097) . BNA _reports_ 
(http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=12914656&vname=mpebulallissues&fn=12914656&jd=A0B8W1M7K8
&split=0)   ($) on bipartisan support for Sullivan, and says: “Schumer 
indicated during  the hearing that he was aware of concerns about the FEC’s 
recent operations,  including an increasing number of 3-3 deadlocked votes on 
enforcement  matters and other items. The chairman indicated that his 
committee may focus  on further FEC oversight in the future but did not want to bog 
down the  Sullivan nomination.”
A hearing on the problems at the FEC would be _quite warranted_ 
(http://electionlawblog.org/archives/013813.html) .  I wonder if Mr. Sullivan, if 
confirmed, will be joining Commissioner Bauerly  (former counsel to Senator 
Schumer) in these partisan votes and statements  of reasons. Commissioner Walther 
has generally voted with Bauerly and  Weintraub, but he has not joined 
Bauerly and Weintraub in many of their  statements of reasons in cases splitting 
the commissioners on party  lines. 
 
 (http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p
=12833&title=“
Senate%20Panel%20To%20Vote%20on%20Federal%20Election%20Commission%20Nominee”&description=) 


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_“Latest FEC Deadlock  Frees McCain From Charges of Raising ‘Soft Money’”
_ (http://electionlawblog.org/?p=12770)  
Posted on _June 1, 2009_ (http://electionlawblog.org/?p=12770)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
BNA Money and Politics Report offers _this  report_ 
(http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=12879701&vname=mpebulallissues&fn=12879701
&jd=A0B8U9M8N4&split=0)  ($). Meanwhile, the FEC commissioners are even 
splitting along _party_ (http://eqs.nictusa.com/eqsdocs/29044241171.pdf)  
_lines_ (http://eqs.nictusa.com/eqsdocs/29044241180.pdf)  over the  “reason to 
believe” standard for investigations. 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=12770&title=“
Latest%20FEC%20Deadlock%20Frees%20McCain%20From%20Charges%20of%20Raising%20‘Soft%20Money’”&description=) 


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_“The Republican  Commissioners and the Meaning of the Deadlocks at the FEC”
_ (http://electionlawblog.org/?p=12702)  
Posted on _May 19, 2009_ (http://electionlawblog.org/?p=12702)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
Written version of a _recent  presentation_ 
(http://www.moresoftmoneyhardlaw.com/news.html?AID=1452)  by Bob Bauer. 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=12702&title=“
The%20Republican%20Commissioners%20and%20the%20Meaning%20of%20the%20Deadlocks%20at%20the%20FEC”&description=) 


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_Franz on FEC  Deadlocks_ (http://electionlawblog.org/?p=12686)  
Posted on _May 15, 2009_ (http://electionlawblog.org/?p=12686)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
Responding to _this post_ (http://electionlawblog.org/archives/013660.html) 
, Mike  Franz sends along the following thoughts: 
I saw your post on FEC deadlocks–I’ve been pondering this myself,  
especially in light of my forthcoming piece. I don’t have the vote data  updated 
yet for this current time period, but my suspicion is that this is  very 
unprecedented. And very much an indication of increased partisanship  on the 
Commission.
If I read the Wal-Mart statements correctly (and I  only scanned them), the 
Democratic Commissioners voted against the advice  of the General Counsel’s 
report. Granted, this action was for stronger  regulation, but the 
perception–I believe–is that GOP commissioners  “disrupt” the regulatory process 
by dissenting from the Democratic  Commissioners’ AND the General Counsel’s 
desire to more strongly enforce  the law. In other words, in the Wal-Mart 
case, the GOP commissioners were  voting WITH the recommended legal advice.
All told, the argument I make  in the paper, that Commissioners dissent 
more often now than in years  past, is confirmed with the FEC in the last year 
(this despite my not  having the data on this last year). But I don’t think 
I expected this many  3-3 splits. I still feel that much of this current 
partisanship is driven  by serious disagreement about the scope of the law, and 
not a conscious  project by GOP commissioners to undermine the spirit of 
the law. But maybe  these views are not all that different at the end of the 
day. 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=12686&title=Franz%20on%20FEC%20Deadlocks&description=) 


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_More FEC  Deadlocks_ (http://electionlawblog.org/?p=12680)  
Posted on _May 15, 2009_ (http://electionlawblog.org/?p=12680)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
_Here_ 
(http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=12380744&vname=mpebulallissues&fn=12380744&jd=A0B8T0M0N5&split=0)   ($). _Michael 
Franz_ (http://www.bowdoin.edu/~mfranz/research.htm) , are  the number of 
deadlocks unprecedented? 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=12680&title=More%20FEC%20Deadlocks&description=) 


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_“Reform Groups Call  for Change at FEC, Citing Deadlocked Votes, Case 
Dismissals”_ (http://electionlawblog.org/?p=12567)  
Posted on _May 1, 2009_ (http://electionlawblog.org/?p=12567)  by _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
BNA offers _this  important report_ 
(http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=12076124&vname=mpebulallissues&fn=12076124&jd=A0B8Q3U6Z6&s
plit=0)  ($). 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=12567&title=“
Reform%20Groups%20Call%20for%20Change%20at%20FEC,%20Citing%20Deadlocked%20Votes,%20Case%20Dismissals”&description=) 


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_Brad Smith and Bob  Bauer on FEC Deadlocks_ 
(http://electionlawblog.org/?p=12435)  
Posted on _April 14, 2009_ (http://electionlawblog.org/?p=12435)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
_Here_ 
(http://www.campaignfreedom.org/blog/detail/what-does-it-mean-when-the-federal-election-commission-deadlocks)   and _here_ 
(http://www.moresoftmoneyhardlaw.com/news.html?AID=1447) . 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=12435&title=Brad%20Smith%20and%20Bob%20Bauer%20on%20FEC%20Deadlocks&description=)
 


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_“Deadlock: Rise of  the Endless Election”_ 
(http://electionlawblog.org/?p=12412)  
Posted on _April 10, 2009_ (http://electionlawblog.org/?p=12412)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
Politico offers _this interesting  report_ 
(http://www.politico.com/news/stories/0409/21049.html) . 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=12412&title=“Deadlock:%20Rise%20of%20the%20Endless%20Election”&description=) 


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_“FEC Deadlocks on  the Rise”_ (http://electionlawblog.org/?p=12397)  
Posted on _April 9, 2009_ (http://electionlawblog.org/?p=12397)  by  _Rick 
Hasen_ (http://electionlawblog.org/?author=3)  
 
Roll Call offered _this  report_ 
(http://www.rollcall.com/issues/54_114/news/33831-1.html)  on Monday ($). See also _this  BNA report_ 
(http://news.bna.com/mpdm/display/link_res.adp?lt=email&fname=A0B8J2N9B2&lf=eml)  ($). 
 
 (http://www.ad
dtoany.com/share_save#url=http://electionlawblog.org/?p=12397&title=“FEC%20Deadlocks%20on%20the%20Rise”&description=) 


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_“New Life for 527s?  FEC Deadlocks Over Chamber of Commerce Spin-Off “_ 
(http://electionlawblog.org/?p=11828)  
Posted on _January 6, 2009_ (http://electionlawblog.org/?p=11828)  by  
_Rick Hasen_ (http://electionlawblog.org/?author=3)  
 
_This  post_ 
(http://womblepoliticallaw.blogspot.com/2009/01/political-gps-new-life-for-527s-fec.html)  appears at “Political GPS” (Larry Norton and 
Jim Kahl). 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=11828&title=“
New%20Life%20for%20527s?%20FEC%20Deadlocks%20Over%20Chamber%20of%20Commerce%20Spin-Off%20“&description=) 


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_“GOP Members  Deadlock FEC, Undermining Positions on 527s, Embezzlement, 
Disclosure”_ (http://electionlawblog.org/?p=11808)   
Posted on _January 2, 2009_ (http://electionlawblog.org/?p=11808)  by  
_Rick Hasen_ (http://electionlawblog.org/?author=3)  
 
BNA Money & Politics Report offers _this  must-read report_ 
(http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=11175428&vname=mpebulallissues&fn=
11175428&jd=11175428)  ($). 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=11808&title=“
GOP%20Members%20Deadlock%20FEC,%20Undermining%20Positions%20on%20527s,%20Embezzlement,%20Disclosure”&description=) 


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_“FEC DEADLOCKS OVER  PROPOSED ISSUE ADS: DOES THIS SIGNAL A SHIFT TO MORE 
PARTISANSHIP ON THE  COMMISSION?”_ (http://electionlawblog.org/?p=11150)  
Posted on _October 28, 2008_ (http://electionlawblog.org/?p=11150)  by  
_Rick Hasen_ (http://electionlawblog.org/?author=3)  
 
Larry Norton, former FEC General Counsel and now in private practice, has  
started a blog with his partners. _This  blog post_ 
(http://womblepoliticallaw.blogspot.com/2008/10/political-gps-with-only-7-days-and.html)  asks: “
Does this deadlock portend ‘a new era of partisanship  on the Commission,’ as 
suggested by FEC-watcher, Professor Richard Hasen? We  think not.”
Welcome to the blogosphere! 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=11150&title=“
FEC%20DEADLOCKS%20OVER%20PROPOSED%20ISSUE%20ADS:%20DOES%20THIS%20SIGNAL%20A%20SHIFT%20TO%20MORE%20PARTISANSHIP%20ON%20THE%20COMMISSION?”
&description=) 


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_“FEC Deadlocks Over  Issue Ads”_ (http://electionlawblog.org/?p=11060)  
Posted  on _October 23, 2008_ (http://electionlawblog.org/?p=11060)  by  
_Rick Hasen_ (http://electionlawblog.org/?author=3)  
 
CQ Politics offers _this  report_ 
(http://www.cqpolitics.com/wmspage.cfm?parm1=5&docID=news-000002978532) . With the new commissioners, will we be 
entering a new era of  partisanship on the commission? 
 
 
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=11060&title=“FEC%20Deadlocks%20Over%20Issue%20Ads”&description=) 


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-- 
Rick Hasen
Visiting Professor
UC  Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA  92697-8000
949.824.3072 - office
949.824.0495 - fax
_rhasen at law.uci.edu_ (mailto:rhasen at law.uci.edu) 
_http://law.uci.edu/faculty/page1_r_hasen.html_ 
(http://law.uci.edu/faculty/page1_r_hasen.html) 

William  H. Hannon Distinguished Professor of Law
Loyola Law School
_http://electionlawblog.org_ (http://electionlawblog.org/) 




-- 
Rick Hasen
Visiting Professor
UC Irvine  School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA  92697-8000
949.824.3072 - office
949.824.0495 - fax
_rhasen at law.uci.edu_ (mailto:rhasen at law.uci.edu) 
_http://law.uci.edu/faculty/page1_r_hasen.html_ 
(http://law.uci.edu/faculty/page1_r_hasen.html) 

William  H. Hannon Distinguished Professor of Law
Loyola Law School
_http://electionlawblog.org_ (http://electionlawblog.org/) 




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