FEC paralysis leaves election-finance watchdog powerless weeks before midterms

In July, Representatives Mike Lawler and Josh Gottheimer urged the Federal Election Commission to address AI-driven threats to the 2026 midterm elections, but Commissioner Shana Broussard responded that the agency cannot act without a four-member quorum. With only two of six seats filled, the FEC is limited to publishing reports and answering basic queries, leaving it unable to investigate violations, impose civil penalties, or issue formal guidance.

The stalemate has persisted since May 2025, during which the commission closed 180 cases and levied about $1 million in penalties, but its backlog of enforcement matters has risen from 154 to 307. Lawmakers such as Anna Paulina Luna, Mike Levin, Lauren Boebert, and others have received the same non-committal replies to requests on campaign-fund usage, foreign money allegations, and emerging issues like prediction-market contributions.

Former FEC lawyer Adav Noti warned that the lack of enforcement encourages boundary-pushing, a concern echoed by groups like the Campaign Legal Center and the National Legal and Policy Center. The paralysis comes as political ad spending is projected to hit $11.6 billion, much of it through opaque super PACs, raising fears of unchecked influence ahead of the election.