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

Thu Dec 17 20:10:54 PST 2015

Whether there has been a detailed written analysis I don't know (I would expect the FEC's OGC did one the first time it came up, but don't recall seeing one). But it hasn't just "happened"--it was discussed while I was at the Commission and that was the conclusion.

Sent from my iPhone

On Dec 17, 2015, at 10:17 PM, Trevor Potter <tpotter at capdale.com<mailto:tpotter at capdale.com>> wrote:

Do you know if anyone has actually “interpreted” the statute that way, or has it just happened? I don’t recall an OGC Opinion, but there might well be…

Trevor Potter

From: law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu> [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Smith, Brad
Sent: Thursday, December 17, 2015 10:12 PM
To: Steve Kolbert; law-election at uci.edu<mailto:law-election at uci.edu>
Subject: Re: [EL] "A member [of the FEC] may serve as chairman only once . . . ."

That has, indeed, been the longstanding interpretation.

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<mailto:law-election-bounces at department-lists.uci.edu> [law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu>] on behalf of Steve Kolbert [steve.kolbert at gmail.com<mailto:steve.kolbert at gmail.com>]
Sent: Thursday, December 17, 2015 9:56 PM
To: law-election at uci.edu<mailto:law-election at uci.edu>
Subject: [EL] "A member [of the FEC] may serve as chairman only once . . . ."
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<mailto:steve.kolbert at gmail.com>
@Pronounce_the_T

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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

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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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