Senate Hearing on FEC Commissioners

Bob Bauersuggests that the Senate Rules Committee, which is scheduled to hold hearing on the confrimation of FEC commissioners currently serving on recess appointmsnets, could use the opportunity to shed a little light on how the FEC operates, not in teh abastract, but in the concrete world at, as Bauer puts it, "the treacherous intersection of law, politics and the First Amendment." Among the questions Bauer would like to see are:

1. Partisanship. What is the effect of partisan divisions on the FEC? We hear that the agency deadlocks on major issues, each party standing firm for its own narrow interests. What is the reality of the interaction among the Commissioners: how partisan is it, and how are these partisan pressures managed if at all?

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4. Process. The FEC has been criticized over the years for a cumbersome process characterized by lengthy delays in the resolution of cases. How has the FEC addressed this, considering both fairness to those under investigation and the need for a reasonably prompt resolution? What has been the experience with two programs, the ADR and administrative fine programs, that were adopted to improve the efficiency of the enforcement process?

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7. Congressional Support. What are one or two steps that Congress could take to most assist the FEC in improving its operations and the quality of its work. For purposes of this answer, distinguish between:

(a) reform of agency process; and
(b) a substantive change in the law, whether effected by more regulation or less.

8. FEC Introspection. What are one or two steps that the FEC could take to improve its operations and the quality of its work.

9. The Presidential Election Cycle. What would the Commissioners anticipate to be the major challenges facing the FEC in the next year, and how are they preparing for it?

10. Surprises. What has surprised the Commissioners most about the FEC—a discovery far from their expectations when first taking the position—and what is its significance for their work?

These are all excellent questions.

I would also like to see the Senate ask and Commissioners respond to questions related to the growing complexity of the law and the likelihood that the complexity will lead to larger problems for and perhaps serving as a barrier to entry of Congressional candidates. Do the rules put an obstacle in the way of free and open elections.