Have FEC commissioners issue guidance on court-voided FECA provisions and rules

Not started

Printed page 865 29. Federal Election Commission

“There are also multiple instances of existing statutory provisions of FECA and the accompanying FEC regulations having been found unlawful or unconstitutional by federal court decisions, yet those statutory provisions remain in the U.S. Code and the implementing regulations remain in the Code of Federal Regulations. … The President should request that the commissioners on the FEC prepare such guidance.”

What has happened

Sep 1, 2026 Not started
No presidential request was made and the Commission has issued no such guidance. The window added a fresh instance of the problem rather than resolving it: on 2026-06-30 the Supreme Court held FECA's coordinated party expenditure limits (52 U.S.C. 30116(d)) unconstitutional in National Republican Senatorial Committee v. FEC, and the Commission marked it with a press release. The provision and its implementing regulations are still on the books, and the Commission — down to two members and without a quorum since October 2025 — cannot vote to issue guidance or to amend a regulation. The FEC published no rule or proposed rule of any kind between 2025-01-20 and 2026-09-01.
- FEC press release — Supreme Court issues opinion in National Republican Senatorial Committee, et al. v. FEC, et al.
  Primary Other Jun 30, 2026
- The Federal Election Commission is down to 2 members. So its work is at a standstill
  Secondary Other Oct 4, 2025

Research log

What was searched, and what didn’t count as evidence

Research notes

Negative search: Federal Register API, agency federal-election-commission, publication date from 2025-01-20 — 46 documents, all notices (Sunshine Act meetings, special-election filing dates, two price-index adjustments, one policy-making-positions notice); the same query restricted to type=RULE and type=PRORULE returns 0. A Commission that has not opened a rulemaking cannot have removed a voided regulation.
The Commission’s press release describes one decision; the ask is a guidance document that “outlines all of the FECA statutory provisions and FEC regulations that have been changed, amended, or voided by specific court decisions”. One case note is not that document, so the press release is recorded as what the Commission did instead.
#2227 is the fallback branch of the same ask and is leveled with this item.

Action: issue
Object: FEC guidance on FECA provisions and regulations voided by courts
ID: 2226