[EL] "A member [of the FEC] may serve as chairman only once . . . ."

[Steve Kolbert]

Quick question about 52 U.S.C. § 30106(a)(5) ("A member [of the Federal
Election Commission] may serve as chairman only once during any term of
office to which such member is appointed.").

At its open meeting today, Commissioner Petersen was elected to his second
tenure as chair. (See below.) A few years ago, the Commission voted to
elect Commissioner Weintraub as chair, even though she had previously
served as chair. I'm curious as to whether these elections are consistent
with the statute.

I suppose the Commission could argue that the "any term of office to which
such member is appointed" language refers to a six-year term of
appointment, not to a commissioner's own term on the Commission. This would
enable a commissioner to repeat as chair, as long as the two tenures as
chair did not occur within the same six-year term. Does anyone agree or
disagree? Or know if the FEC has released any official statement or opinion
on the applicability of the statute?

Thanks!


Steve Kolbert
(202) 422-2588
steve.kolbert at gmail.com
@Pronounce_the_T

---------- Forwarded message ----------
From: Federal Election Commission <fec at service.govdelivery.com>
Date: Thu, Dec 17, 2015 at 5:42 PM
Subject: FEC Elects Matthew Petersen as Chairman for 2016; Steven Walther
to Serve as Vice Chairman


You are subscribed to Recent News Releases for Federal Election Commission.
This information has recently been updated, and is now available.
FEC Elects Matthew Petersen as Chairman for 2016; Steven Walther to Serve
as Vice Chairman
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12/17/2015 04:40 PM EST

WASHINGTON - At its open meeting today, the Federal Election Commission
elected Matthew S. Petersen as Chairman and Steven T. Walther as Vice
Chairman for 2016. Mr. Petersen has served once before as Chairman and
twice as Vice Chairman. Mr. Walther, too, has previously served in both
positions
------------------------------
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