The Federal Election Commission is currently unable to perform most of its regulatory duties during the 2026 midterm election cycle. Due to a lack of sufficient members to hold a vote, the agency cannot advise campaigns on money rules or investigate potential misconduct.

Why is the agency unable to act?

The six-seat commission fell below the minimum four members required to reach a quorum in April 2025. This vacancy has left the agency unable to function effectively for approximately one and a half years.

Because the agency cannot hold votes, it faces several limitations:

  • It cannot provide official advice to campaigns regarding raising or spending money.
  • It is unable to open formal investigations into alleged campaign finance violations.
  • It cannot enforce existing campaign finance laws.

Context on election spending and oversight

The lack of oversight comes as massive amounts of money flow into the current election cycle. Ad spending for the 2026 midterms has climbed to over $10 billion, according to AdImpact data. This includes significant contributions from various sources, such as Elon Musk, who has donated $276 million to Republican groups since July.

While the FEC remains sidelined, other groups are raising concerns about political activity. The Campaign Legal Center has questioned whether certain federal activities violate the Hatch Act, which limits the political involvement of federal employees. For example, the group raised questions regarding EPA Administrator Lee Zeldin's recent travels with various Republican candidates in battleground states.

Additionally, legal challenges regarding media policies are also moving through the courts. The Supreme Court recently stayed a ruling regarding the FCC's lowest unit charge policy, which legal experts say effectively settles the matter for the duration of the midterms.

FAQ

How many members are needed for a vote?

The commission requires at least four members to reach a quorum and hold official votes.

When did the commission lose its quorum?

The agency fell below the necessary number of members in April 2025.