If you’re just joining us, the Federal Elections Commission has effectively ceased to function, due to a dispute over nominees between the Bush White House and Senate Dems. This may seem like inside-pool, but it’s an interesting example of how Republicans choose to do business these days.
Here’s a quick primer. There are currently four vacancies on the FEC, two of which are to be filled with Republicans, two of which to be filled by Dems. For one of the GOP’s selections, Bush tapped Hans von Spakovsky, a top political appointee in Bush’s Justice Department, best known for his scandalous disenfranchisement work. Dems, most notably Barack Obama and Russ Feingold, balked, pointing to von Spakovsky’s work in voter-suppression schemes.
At that point, Bush and his Senate cohorts had a few options: 1) withdraw the von Spakovsky nomination, and replace him with a less ridiculous choice; 2) allow votes on the nominees individually, clearing the way for at least three uncontroversial nominees to clear the chamber easily; or 3) demand one vote on all four nominees, including von Spakovsky, refuse to compromise, and allow the FEC to shut down in an election year. Surprise, surprise, the GOP picked Door #3.
That was six months ago. Now, the White House has a “compromise” idea. What could possibly go wrong?
Spakovsky remains a nominee. Instead, the administration has submitted a new nominee to replace the current chairman, David Mason. Mason is one of the only two seated commissioners, and it just so happens that he’s been creating a whole lot of trouble for John McCain lately.
In February, the McCain campaign notified the FEC that it was withdrawing from the public financing system for the primary. Although McCain had once opted in, his campaign said that it had never received public funds and so could opt out. The move meant that McCain would not be bound by the $54 million spending limit for the system.
But Mason balked. McCain couldn’t just opt out — the FEC had to approve his request before he could. And Mason also indicated that a tricky bank loan might mean that McCain had locked himself in to the system. That would be disastrous for the campaign, since the Dem nominee would have a tremendous spending advantage through August. So McCain’s campaign has continued to spend away, far surpassing the limit already. The Democratic Party has filed a complaint with the FEC and has also taken the matter to court.
So, under the “compromise,” the Bush gang would continue to push the offensive nominee Dems hate, and remove the FEC commissioner who actually believes in forcing McCain to follow campaign-finance law.
How could Dems possibly turn down a sweet deal like this one?
As Fred Wertheimer of Democracy 21 put it: “The only apparent reason for President Bush to drop Commissioner David Mason at this stage, an FEC candidate he had twice proposed for the Commission, is to prevent him from casting an adverse vote against Senator McCain on important enforcement questions pending at the Commission. The questions deal with Senator McCain’s request to withdraw from the presidential primary public financing system and the consequences of a loan the McCain campaign took out and the collateral provided for the loan.”
As of yesterday, Republicans are willing to sweeten the pot a little. The White House will keep pushing Spakovsky, but Senate Republicans are now willing to let members vote on him separately, instead of all four nominees as a package vote.
A spokesman for Democratic Leader Harry Reid of Nevada criticized the White House for not withdrawing Mr. von Spakovsky’s nomination. But in a statement, the spokesman, Jim Manley, indicated that Senate Democrats were ready to move beyond the dispute. “We will work towards the confirmation of the remaining nominees and expect to defeat Mr. von Spakovsky,” he said.
Democrats grumbled about the White House’s decision to pull Mr. Mason’s nomination. The FEC chairman had angered some Republicans when he wrote a letter questioning whether Sen. John McCain could legally drop out of the public campaign-financing system for the primary election.
After Sen. McCain became the expected Republican presidential nominee in February and his fund-raising improved, he notified the FEC he would drop out of the public system, avoiding its spending caps. Mr. Mason responded that Sen. McCain couldn’t drop out without FEC approval and the FEC couldn’t do that without a quorum.
“By abandoning Mr. Mason and instead sticking by Mr. von Spakovsky, the White House has abandoned experience and independence for partisan loyalty,” Mr. Manley said.
As the NYT editorialized today, Dems really need to play this one smart, blocking Spakovsky and preventing the Bush gang from replacing Mason (qualified commissioner) with Donald McGahn (a Republican loyalist who was Tom DeLay’s lawyer).
Update: That was quick. Shortly after I posted this, the Senate GOP reversed course and said Republicans would tolerate no compromise. Dems can either vote on all four nominees at once, or the FEC would continue to be unable to function during an election year.