[EL] FEC Enforcement Manual

[Smith, Brad]

One thing that is being overlooked in this is why the Commissioners need to vote on the two "controversial" aspects at all. The statute prohibits the FEC from launching an investigation or referring matters to other law enforcement agencies without a vote of 4 Commissioners. Commissioners have complained about OGC doing the former for years - the latter seems to be a more recent phenomenon. But OGC does it anyway.

The question is, is any vote needed on these two issues? It shouldn't be. The OGC needs 4 votes to act, not 4 to prohibit it from doing these things. It is a sad sign of the times that the Commission has to work so hard to reign in its own staff.


Bradley A. Smith

Josiah H. Blackmore II/Shirley M. Nault

   Professor of Law

Capital University Law School

303 E. Broad St.

Columbus, OH 43215

614.236.6317

http://law.capital.edu/faculty/bios/bsmith.aspx

________________________________
From: law-election-bounces at department-lists.uci.edu [law-election-bounces at department-lists.uci.edu] on behalf of Rick Hasen [rhasen at law.uci.edu]
Sent: Saturday, July 27, 2013 1:55 PM
To: law-election at UCI.edu
Subject: [EL] ELB News and Commentary 7/27/13

“House Committee Chair Blasts FEC For Failing to Act on Enforcement Issue”<http://electionlawblog.org/?p=53587>
Posted on July 27, 2013 10:52 am<http://electionlawblog.org/?p=53587> by Rick Hasen<http://electionlawblog.org/?author=3>

Bloomberg BNA<http://news.bna.com/mpdm/MPDMWB/split_display.adp?fedfid=33260161&vname=mpebulallissues&jd=a0e0d7z3w9&split=0>: “House Administration Committee Chairman Candice Miller (R-Mich.) in a July 26 statement criticized the Federal Election Commission’s failure to vote on an enforcement manual guiding staff in the FEC Office of General Counsel (OGC).”

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Rick Hasen
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